Common use of Notes Clause in Contracts

Notes. Upon request of a Lender, the Loans made by such Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) in the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of If requested by a Lender, the Loans made by such Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the Effective Date, and (ii) any other Lender, as of the date of this Agreement, (ii) in the case of any such Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each casehereto, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 2.09, Section 12.04(b) or otherwise), the Borrower shallshall deliver or cause to be delivered, to the extent such Lender is then holding a Note and upon the written request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed. Upon receipt of such replacement Note, against such Lender shall return the replaced Note to the Borrower of the Note so replacedBorrower. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. (a) Upon request of a each Lender’s request, the Revolving Credit Loans made by such Lender shall be evidenced by a single promissory note Revolving Credit Note, duly executed on behalf of the Borrower in substantially Borrower, dated the form of Exhibit A, and (i) in the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each caseEffective Date, payable to the order of such Lender in a an aggregate principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason Commitment. (whether pursuant to Section 2.06, Section 12.04(bb) or otherwise)Upon the Swingline Lender’s request, the Borrower shallRevolving Credit Loans made by the Swingline Lender with respect to Swingline Loans shall be evidenced by a Swingline Note, upon request duly executed on behalf of such the Borrower, dated the Effective Date, payable to the order of the Swingline Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a an aggregate principal amount equal to its Commitment after giving effect to such increase or decrease, and otherwise duly completed, against return to the Swingline Loan Ceiling. (c) Each Lender is hereby authorized by the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender endorse on a schedule attached to each Note delivered to such Lender (or on a continuation of such schedule attached to such Note and made a part thereof), or otherwise to record in such Lender’s internal records, an appropriate notation evidencing the date and amount of each Loan from such Lender, each payment and prepayment of principal of any such Loan, each payment of interest on any such Loan and the other information provided for on such schedule; provided, however, that the failure of any Lender to make such a notation or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule error therein shall not affect any the obligation of the Borrower to repay the Loans made by such Lender in accordance with the terms of this Agreement and the applicable Notes. (d) Upon receipt of an affidavit and indemnity of a Lender as to the loss, theft, destruction or mutilation of such Lender’s or Note and upon cancellation of such Note, the Borrower will issue, in lieu thereof, a replacement Note in favor of such Lender, in the same principal amount thereof and otherwise of like tenor at no expense to the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a any Lender, the Loans made by each such Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, Assumption or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases its Elected Commitment or Maximum Credit Amount for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise) or becomes a party hereto in connection with an increase in the Aggregate Elected Commitment Amount pursuant to Section 2.06(c), the Borrower shall, upon request as of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note as applicable, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date after giving effect to such increase or decrease, as applicable, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of If requested by a Lender, the Loans made by such each Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this AgreementEffective Date, such Note shall be dated as of the date of this AgreementEffective Date, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and AssumptionAssumption or amendment or other modification to this Agreement, such Note shall be dated as of the effective date of the Assignment and Assumption, amendment or other modification, as applicable, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Aggregate Elected Commitment Amounts pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered delivered, to the extent such Lender is then holding a Note, on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against completed and such Lender shall promptly return to the Borrower of the previously issued Note so replacedheld by such Lender. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for and/or its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lenderif applicable. Failure to make any such notation or to attach a schedule recordation shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans by a Lender or affect the validity of such any transfer by any a Lender of its Note.

Notes. Upon request of If requested by a Lender, the Loans made by such Lender shall be evidenced by a single promissory note Note, of the Borrower in substantially the form of Exhibit A, and dated, (i) in the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Aggregate Elected Commitment Amounts pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount, as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered delivered, to the extent such Lender is then holding a Note, on the effective date of such increase or decrease, a new Note Note, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against whereupon such Lender will promptly return to the Borrower of the Note Notes so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule recordation shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such any transfer by any Lender of its Note.

Notes. Upon request Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of a the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. The entries made in the accounts maintained pursuant to this Section 2.02(d) shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. Any Lender may request that Loans made by such Lender shall it be evidenced by a single promissory note of Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender and substantially in substantially the form of Exhibit AA dated, and (i) in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, Agreement or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 12.04) be represented by one or more Notes in such form payable to the payee named therein (or, if such Note is a registered note, to such payee and its registered assigns). In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a Lender, the The Loans made by such each Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, Assumption or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment Aggregate Revolving Commitments or Aggregate Term Commitments pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to the order of such Lender in a principal amount equal to its Revolving Commitment or Term Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Revolving Commitment or Term Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b12.04(c) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to the order of such Lender in a principal amount equal to its Revolving Commitment or Term Commitment after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, Lender and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon (a) Any Bank Party may request of a Lender, that the Loans made by and/or L/C Borrowings of such Lender shall Bank be evidenced by a single promissory note Note payable to the order of such Bank Party for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank Party’s Loans and/or L/C Borrowings. (b) Each Bank Party that has requested that its Loans and/or L/C Borrowings be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans and/or L/C Borrowings of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans and/or L/C Borrowings. Each such Note shall be in substantially the form of Exhibit A, and (i) in A hereto with appropriate modifications to reflect the case of any Lender party hereto as fact that it evidences solely Loans and/or L/C Borrowings of the date relevant Type. Each reference in this Agreement to the “Note” of this Agreement, such Note Bank Party shall be dated deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such each Bank Party’s Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise3.01(b), the Borrower shall, upon request of Administrative Agent shall forward such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment after giving effect to such increase or decrease, and otherwise duly completed, against return to Bank Party. Each Bank Party shall record the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period type and maturity of each Loan and/or L/C Borrowings made by it and the date and amount of each Lenderpayment of principal made by the Borrower with respect thereto, and all payments made on account may, if such Bank Party so elects in connection with any transfer or enforcement of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan and/or L/C Borrowings then outstanding; provided that the failure of any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure Bank Party to make any such notation recordation or to attach a schedule endorsement shall not affect any Lender’s the obligations of the Borrower hereunder or under the Borrower’s rights or obligations in respect of such Loans or affect Notes. Each Bank Party is hereby irrevocably authorized by the validity of such transfer by any Lender Borrower so to endorse its Note and to attach to and make a part of its NoteNote a continuation of any such schedule as and when required.

Notes. Upon request of If requested by a Lender, the Loans made by such each Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (a) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (iib) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, Assumption or (iiic) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Aggregate Elected Commitment Amounts pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered delivered, to the extent such Lender is then holding a Note, on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against completed and such Lender shall promptly return to the Borrower of the previously issued Note so replacedheld by such Lender. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed recorded by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of If requested by a Lender, the Loans made by such each Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and AssumptionAssumption or amendment or other modification to this Agreement, such Note shall be dated as of the effective date of the Assignment and AssumptionAssumption or other amendment or modification, as applicable, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment Aggregate Maximum Credit Amounts pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered delivered, to the extent such Lender is then holding a Note, on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against and such Lender shall return its prior Note to the Borrower of the Borrower, marked “canceled” (or its equivalent) or an affidavit that such Note so replacedhas been lost and (in any event) has been canceled. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a such Lender, the Loans made by such a Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) and, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a Lender, the The Loans made by such each Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment assignment and Assumptionassumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Aggregate Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to the order of such Lender in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to the order of such Lender in a principal amount equal to its Commitment after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of If requested by a Lender, the Loans made by such each Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, Assumption or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Aggregate Elected Commitment Amounts pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered delivered, to the extent such Lender is then holding a Note, on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against completed and such Lender shall promptly return to the Borrower of the previously issued Note so replacedheld by such Lender. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of If requested by a Lender, the Loans Term Loan and Revolving Loans, as applicable, made by such Lender shall be evidenced by a single promissory note Term Loan Note or Revolving Credit Note, as applicable, of the Borrower in substantially the form of Exhibit AA and Exhibit B, and (i) respectively, in each case dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Term Loan Commitment (or, for any Term Loan Note issued followed the Effective Date, in an amount equal to the principal amount of the Term Loan held by such Term Lender) or its Maximum Revolving Credit Amount, as applicable, as in effect on such date, and otherwise duly completed. In the event that any Revolving Credit Lender’s Commitment Maximum Revolving Credit Amount increases or decreases for any reason (whether pursuant to Section 2.062.07, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered delivered, to the extent such Revolving Credit Lender is then holding a Revolving Credit Note, on the effective date of such increase or decrease, a new Note Revolving Credit Note, payable to such Revolving Credit Lender in a principal amount equal to its Commitment Maximum Revolving Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against whereupon such Lender will promptly return to the Borrower the Notes so replaced. In the event any Term Lender’s share of the outstanding Term Loans increases for any reason (whether pursuant to Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered, to the extent such Term Lender is then holding a Term Loan Note, on the effective date of such increase, a new Term Loan Note payable to such Term Lender in a principal amount equal to its outstanding Term Loans as of such date, whereupon such Lender will promptly return to the Borrower the Notes so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Term Loan and Revolving Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Term Loan Note and Revolving Credit Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lenderas applicable. Failure to make any such notation or to attach a schedule recordation shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such any transfer by any Lender of its Term Loan Note and/or Revolving Credit Note.

Notes. Upon request of a LenderOn the fourth Business Day prior to each Payment Date, the Loans made by Administrator shall instruct the Trustee in writing pursuant to the Administration Agreement as to the amount to be withdrawn from the Series 2010-1 Accrued Interest Account to the extent funds are anticipated to be available from Interest Collections allocable to the Series 2010-1 Notes processed from but not including the preceding Payment Date through the succeeding Payment Date and any amounts payable to ZVF under any Series 2010-1 Interest Rate Cap during that period in respect of (i) first, an amount equal to the sum of (A) the Series 2010-1 Monthly Interest (excluding amounts referenced in clause (ii) of the definition thereof to the extent duplicative of Series 2010-1 Deficiency Amounts payable under clause (iii) below) for such Lender Payment Date (the portion of such amount of Series 2010-1 Monthly Interest that will accrue for the period (each an, “Estimated Interest Period”) from and including the Determination Date immediately preceding such Payment Date to but excluding such Payment Date (such portion of the Series 2010-1 Monthly Interest with respect to any such Estimated Interest Period, the “Estimated Interest”) shall be evidenced estimated by a single promissory note the Administrator on such Determination Date) and (B) the Estimated Interest Adjustment Amount with respect to such Determination Date, (ii) second, an amount equal to any Indenture Carrying Charges due to the Series 2010-1 Noteholders and unpaid as of such Payment Date which are not included in the definition of Series 2010-1 Monthly Interest, (iii) third, an amount equal to the sum of the Borrower unpaid Series 2010-1 Deficiency Amounts, if any, as of the preceding Payment Date (together with any accrued interest on such Series 2010-1 Deficiency Amounts), and (iv) fourth, an amount equal to the Series 2010-1 Monthly Default Interest Amount, if any, for such Payment Date. On or before 10:00 a.m. (New York City time) on the following Payment Date, the Trustee shall withdraw the amounts described in substantially the first sentence of this Section 3.3(a), from the Series 2010-1 Accrued Interest Account and deposit such amounts into the Series 2010-1 Distribution Account. On or before 4:00 p.m. (New York City time) on the Business Day immediately preceding each Determination Date, the Administrator shall notify the Trustee of any Estimated Interest Adjustment Amount with respect to such Determination Date, such notification to be in the form of Exhibit A, and H to this Series Supplement (i) in the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to each an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c“Estimated Interest Adjustment Notice”), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a Lender, the The Loans made by each Lender, if requested by such Lender Lender, shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and AssumptionAssumption or an Additional Lender Agreement, such Note shall be dated as of the effective date of the Assignment and AssumptionAssumption or Additional Lender Agreement, or (iii) in as the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each casemay be, payable to such Lender in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section Sections 2.06, Section 12.04(a) or 12.04(b) or otherwise), the Borrower shall, upon request of if requested by such Lender, the Borrower shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its applicable Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a Lender, the The Loans made by such each Lender shall (if requested by such Lender) be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this AgreementEffective Date, such Note shall be dated as of the date of this AgreementEffective Date, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Aggregate Elected Commitment Amounts pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of if requested by such Lender, the Borrower shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender and its registered assigns in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its NoteLoans.

Notes. Upon the request of a Lender, the Loans made by such Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit AA-1 in the case of a Revolving Loan and in substantially the form of Exhibit A-2 in the case of a Term Loan, and dated (i) as of the date of this Agreement in the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated (ii) as of the effective date of this Agreement, (ii) the Assignment and Assumption in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, Assumption or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Aggregate Elected Commitment Amount pursuant to Section 2.06(c)) or in connection with a Term Loan Amendment, as of the effective date of such increaseincrease or such Term Loan Amendment, in each case, case payable to such Lender in a principal amount equal to (A) in the case of a Revolving Lender, its Elected Commitment as in effect on such date and (B) in the case of a Term Lender, the principal amount of its Term Loans on such date, and otherwise duly completed. In the event that any Lender’s Elected Commitment or Term Loans increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon the request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Elected Commitment or its Term Loans, as applicable, after giving effect to such increase or decrease, and otherwise duly completed, against and such Lender shall promptly return to the Borrower of the previously issued Note so replacedheld by such Lender. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule Schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule Schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a Lender, the (a) The Syndicated Loans made by such Lender each Bank shall be evidenced by a single promissory note (a "Syndicated Note") of the Borrower Company substantially in substantially the form of Exhibit AA-1 hereto, and (i) in dated the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each caseEffective Date, payable to such Lender Bank in a principal amount equal to the amount of its Commitment as originally in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Typetype, interest rate and, if applicable, Interest Period and maturity date of each Syndicated Loan made by each LenderBank to the Company, and all payments each payment made on account of the principal thereof, shall be recorded by such Lender Bank on its books for its Note, and, prior to any transfertransfer of such Note held by it, may be endorsed by such Lender Bank on a the schedule attached to such Note or any continuation thereof or on thereof. The failure of any separate record maintained by such Lender. Failure Bank to make any such notation or to attach entry or any error in such a schedule notation or entry shall not not, however, limit or otherwise affect any Lender’s obligation of the Company under this Agreement or the Borrower’s rights or obligations Notes. (b) The Money Market Loans made by any Bank shall be evidenced by a single promissory note (a "Money Market Note") of the Company substantially in respect the form of Exhibit A-2 hereto, dated the date of the delivery of such Loans or affect Note to Chase under this Agreement, payable to such Bank and otherwise duly completed. The date, amount, interest rate and maturity date of each Money Market Loan made by each Bank to the validity Company, and each payment made on account of the principal thereof, shall be recorded by such Bank on its books and, prior to any transfer of such Note held by it, endorsed by such Bank on the schedule attached to such Note or any continuation thereof. The failure of any Bank to make any notation or entry or any error in such a notation or entry shall not, however, limit or otherwise affect any obligation of the Company under this Agreement or the Notes. (c) The Loans made by the Swingline Bank shall be evidenced by a single promissory note (a "Swingline Note") of the Company substantially in the form of Exhibit A-3 hereto, dated the Effective Date, payable to the Swingline Bank in a principal amount equal to the amount of the Swingline Commitment as originally in effect and otherwise duly completed. The date, amount, type, interest rate and maturity date of each Swingline Loan made by the Swingline Bank to the Company, and each payment made on account of the principal thereof, shall be recorded by the Swingline Bank on its books and, prior to any transfer of such Note held by it, endorsed by the Swingline Bank on the schedule attached to such Note or any Lender continuation thereof. The failure of its Notethe Swingline Bank to make any notation or entry or any error in such a notation or entry shall not, however, limit or otherwise affect any obligation of the Company under this Agreement or the Notes.

Notes. Upon Any Lender may request of a Lenderthat the Term Loans and/or Revolving Loans, the Loans as applicable, made by such Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit ATerm Loan Note or Revolving Note, and (i) as applicable, dated, in the case of (i) any Lender party hereto as of the date of this AgreementInitial Availability Date, such Note shall be dated as of the date of this AgreementInitial Availability Date, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the such Assignment and Assumption, Assumption or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment Aggregate Revolving Commitments pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Term Loan Commitment (or, for any Term Loan Note issued following the Initial Availability Date, in an amount equal to the principal amount of the Term Loan held by such Term Loan Lender) or its Revolving Commitment as in effect on such date, as applicable and in each case denominated in US Dollars, and otherwise duly completed. In the event that any Revolving Lender’s Revolving Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b12.04(c) or otherwise), at the Borrower shall, upon request of such Revolving Lender, the Borrower shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Revolving Note payable to such Revolving Lender in a principal amount equal to its Revolving Commitment (denominated in US Dollars) after giving effect to such increase or decrease, and otherwise duly completed. In the event any Term Loan Lender’s share of the outstanding Term Loans increases for any reason (whether pursuant to Section 12.04(c) or otherwise), against return to the Borrower shall, upon request of such Term Loan Lender, deliver or cause to be delivered, on the effective date of such increase, a new Term Loan Note so replacedpayable to such Term Loan Lender in a principal amount equal to its outstanding Term Loans as of such date. The date, amount, Type, interest rate and, if applicable, Interest Period of each Term Loan and each Revolving Loan made by each Lender, Lender and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its NoteTerm Loan Note and Revolving Notes, as applicable, and, prior to any transfer, may be endorsed recorded by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Term Loan Note and/or Revolving Note.

Notes. Upon If a Lender shall make a written request of to the Administrative Agent and the Borrower to have its Loans evidenced by a Note, then, for each such Lender, the Loans made by such Lender Borrower shall be evidenced by execute and deliver a single promissory note Note of the Borrower in substantially the form of Exhibit Adated, and (i) in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, Agreement or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and AssumptionAssumption or Section 2.11, such Note shall be dated as of the effective date of the Assignment and Assumption, Assumption or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each caserelevant Incremental Increase, payable to such Lender (and, for avoidance of doubt, its registered assigns) in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In Upon request from a Lender, in the event that any such Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 2.11, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender (and, for avoidance of doubt, its registered assigns) in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall may be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure ; provided that the failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. (a) Upon the request of a any Lender, the Revolving Credit Loans made by such Lender shall be evidenced by a single promissory note Revolving Credit Note, duly executed on behalf of the Borrower in substantially Borrowers, dated the form of Exhibit A, and (i) in Closing Date or the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c)Effective Date, as of the effective date of such increase, in each caseapplicable, payable to the order of such Lender in a an aggregate principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason Commitment. (whether pursuant to Section 2.06, Section 12.04(bb) or otherwise)Upon the request of the Swingline Lender, the Borrower shallRevolving Credit Loans made by the Swingline Lender with respect to Swingline Loans shall be evidenced by a Swingline Note, upon request duly executed on behalf of such the Borrowers, dated the Closing Date, payable to the order of the Swingline Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a an aggregate principal amount equal to its Commitment after giving effect the Swingline Loan Ceiling. (c) Each Lender is hereby authorized by the Borrowers to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender endorse on a schedule attached to each Note delivered to such Lender (or on a continuation of such schedule attached to such Note and made a part thereof), or otherwise to record in such Lender’s internal records, an appropriate notation evidencing the date and amount of each Revolving Credit Loan from such Lender, each payment and prepayment of principal of any such Revolving Credit Loan, each payment of interest on any such Revolving Credit Loan and the other information provided for on such schedule; provided, however, that the failure of any Lender to make such a notation or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule error therein shall not affect the obligation of any Borrower to repay the Revolving Credit Loans made by such Lender in accordance with the terms of this Agreement and the applicable Notes. (d) Upon receipt of an affidavit and indemnity of a Lender as to the loss, theft, destruction or mutilation of such Lender’s or the Borrower’s rights or obligations in respect Note and upon cancellation of such Loans or affect Note, the validity Borrowers will issue, in lieu thereof, a replacement Note in favor of such transfer by any Lender Lender, in the same principal amount thereof and otherwise of its Notelike tenor at such Lender’s expense.

Notes. Upon request of a Lender, the The Loans made by such each Lender shall be evidenced by a single promissory note of the Borrower upon request by such Lender in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and AssumptionAcceptance, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each caseAcceptance, payable to such Lender or its registered assigns in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.062.6, Section 12.04(b) 12.5 or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans Loans. Upon surrender of any Note at the principal office of the Administrative Agent for registration of transfer or affect exchange (and in the validity case of a surrender for registration of transfer, duly endorsed or accompanied by a written instrument of transfer duly executed by the registered holder or its attorney duly authorized in writing and accompanied by the address for notices of each transferee of such transfer Note or part thereof), and an assignment agreement in form and substance acceptable to the Administrative Agent whereby the assignee holder agrees to be bound by any Lender of its Notethe terms hereof that are applicable to holders, shall execute and deliver, at the Borrower’s expense, a new Note in exchange therefor.

Notes. Upon request of a Lender, the The Loans made by each Lender, if requested by such Lender Lender, shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and AssumptionAssumption or in an amendment entered into in connection with an increase of the total Commitments pursuant to Section 2.08, such Note shall be dated as of the effective date of the Assignment and Assumption, Assumption or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each caseamendment, payable to such Lender in a principal amount equal to its Commitment as in effect on such dateCommitment, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 2.08, Section 12.04(b) or otherwise), the Borrower shall, upon request of if requested by such Lender, the Borrower shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Commitment, as applicable, after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its applicable Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a Lender, the The Loans made by each Lender, if requested by such Lender Lender, shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and AssumptionAssumption or an Additional Lender Agreement, such Note shall be dated as of the effective date of the Assignment and Assumption, Assumption or (iii) in the case of any Additional Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c)Agreement, as of the effective date of such increase, in each caseapplicable, payable to such Lender in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section Sections 2.06 or 12.04(b) or otherwise), the Borrower shall, upon request of if requested by such Lender, the Borrower shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of If requested by a Lender, the Loans made by such each Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and AssumptionAssumption or amendment or other modification to this Agreement, such Note shall be dated as of the effective date of the Assignment and AssumptionAssumption or other amendment or modification, as applicable, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment Aggregate Commitments pursuant to Section 2.06(c2.07(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.062.07, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on delivered, to the effective date of extent such increase or decreaseLender is then holding a Note, a new Note payable to such Lender in a principal amount equal to its Commitment after giving effect to such increase or decrease, and otherwise duly completed, against and such Lender shall return its prior Note to the Borrower of the Borrower, marked “canceled” (or its equivalent) or an affidavit that such Note so replacedhas been lost and (in any event) has been canceled. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request (a) The Loans of a Lender, the Loans made by such Lender each Bank shall be evidenced by a single promissory note Note made by each Borrower (including any Qualified Borrower) payable to the order of such Bank for the account of its Applicable Lending Office. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type (including, without limitation, Swingline Loans and Money Market Loans) be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Any additional costs incurred by the Administrative Agent, the Borrower or the Banks in connection with preparing such a Note shall be at the sole cost and expense of the Borrower Bank requesting such Note. In the event any Loans evidenced by such a Note are paid in full prior to the Maturity Date, any such Bank shall return such Note to Borrower. Each such Note shall be in substantially the form of Exhibit A, A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Upon the execution and (i) in the case delivery of any Lender party hereto as of the date of this Agreementsuch Note, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new existing Note payable to such Lender Bank shall be replaced or modified accordingly. Each reference in a principal amount equal this Agreement to its Commitment after giving effect the “Note” of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank’s Note pursuant to Section 3.1(a), the Administrative Agent shall forward such Note to such increase or decrease, and otherwise duly completed, against return to Bank. Each Bank shall record the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period type and maturity of each Loan made by it and the date and amount of each Lenderpayment of principal made by the Borrower or Qualified Borrower, as the case may be, with respect thereto, and all payments made on account may, if such Bank so elects in connection with any transfer or enforcement of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior endorse on the appropriate schedule appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure Bank to make any such notation recordation or to attach a schedule endorsement shall not affect any Lender’s the obligations of the Borrower or applicable Qualified Borrower hereunder or under the Borrower’s rights or obligations in respect of such Loans or affect Notes. Each Bank is hereby irrevocably authorized by the validity of such transfer by any Lender Borrower and each Qualified Borrower so to endorse its Note and to attach to and make a part of its NoteNote a continuation of any such schedule as and when required. (d) The Committed Loans shall mature, and the principal amount thereof shall be due and payable, on the Maturity Date. The Swingline Loans shall mature, and the principal amount thereof shall be due and payable, in accordance with Section 2.3(b)(iii). (e) Each Money Market Loan included in any Money Market Borrowing shall mature, and the principal amount thereof shall be due and payable, together with accrued interest thereon, on the earlier to occur of (i) last day of the Interest Period applicable to such Borrowing or (ii) the Maturity Date. (f) There shall be no more than fifteen (15) Euro-Dollar Groups of Loans and no more than ten (10) Money Market Loans outstanding at any one time.

Notes. Upon request of a LenderOn the fourth Business Day prior to each Payment Date, the Loans made by Administrator shall instruct the Trustee in writing pursuant to the Administration Agreement as to the amount to be withdrawn from the Series 2009-1 Accrued Interest Account to the extent funds are anticipated to be available from Interest Collections allocable to the Series 2009-1 Notes processed from but not including the Payment Date immediately preceding such Lender Payment Date through such Payment Date and any amounts payable to HVF under any Series 2009-1 Interest Rate Cap during that period in respect of (i) first, (I) first an amount equal to the sum of (A) the Series 2009-1 Monthly Interest (excluding amounts referenced in clause (ii) of the definition thereof to the extent duplicative of Series 2009-1 Deficiency Amounts payable under clause (ii) below) for such Payment Date (the portion of such amount of Series 2009-1 Monthly Interest that will accrue for the period (each an, “Estimated Interest Period”) from and including the Determination Date immediately preceding such Payment Date to but excluding such Payment Date (such portion of the Series 2009-1 Monthly Interest with respect to any such Estimated Interest Period, the “Estimated Interest”) shall be evidenced estimated by a single promissory note the Administrator on such Determination Date) plus (B) the Estimated Interest Adjustment Amount with respect to such Determination Date and (II) second, an amount equal to any Indenture Carrying Charges due to the Series 2009-1 Noteholders and unpaid as of such Payment Date which are not included in the definition of Series 2009-1 Monthly Interest, (ii) second, an amount equal to the unpaid Series 2009-1 Deficiency Amounts, if any, as of the Borrower preceding Payment Date (together with any accrued interest on such Series 2009-1 Deficiency Amounts as calculated in substantially accordance with Section 3.3(e)) and (iii) third, an amount equal to the Series 2009-1 Monthly Default Interest Amount, if any, for such Payment Date. On or before 10:00 a.m. (New York City time) on such Payment Date, the Trustee shall withdraw the amounts described in the first sentence of this Section 3.3(a), from the Series 2009-1 Accrued Interest Account and deposit such amounts into the Series 2009-1 Distribution Account. On or before 4:00 p.m. (New York City time) on the Business Day immediately preceding each Determination Date, the Administrator shall notify the Trustee of any Estimated Interest Adjustment Amount with respect to such Determination Date, such notification to be in the form of Exhibit A, and H to this Series Supplement (i) in the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to each an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c“Estimated Interest Adjustment Notice”), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a Lender, the The Loans made by such each Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment Aggregate Maximum Credit Amounts pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to the order of such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to the order of such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against and such Lender agrees to promptly thereafter return to the Borrower of the previously issued Note so replacedheld by such Lender marked canceled or otherwise similarly defaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a If requested by any Lender, the Loans Term Loan and Revolving Loans, as applicable, made by such Lender shall be evidenced by a single promissory note of Revolving Credit Note or Term Loan Note, as applicable, made by the Borrower in substantially the form of Exhibit AB-1 and Exhibit B-2, and (i) respectively, in each case dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender or its registered assigns in a principal amount equal to its Commitment the principal amount of the Term Loans held by such Term Lender or any Revolving Credit Lender’s Revolving Credit Commitment, as applicable, as in effect on such date, and otherwise duly completed. In the event that any Revolving Credit Lender’s Revolving Credit Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Revolving Credit Lender, deliver or cause to be delivered delivered, to the extent such Revolving Credit Lender is then holding a Revolving Credit Note, on the effective date of such increase or decrease, a new Note Revolving Credit Note, payable to such Revolving Credit Lender or its registered assigns in a principal amount equal to its such Revolving Credit Lender’s Revolving Credit Commitment after giving effect to such increase or decrease, and otherwise duly completed. In the event any Term Lender’s share of the outstanding Term Loans increases for any reason (whether pursuant to Section 12.04(b) or otherwise), against return the Borrower shall, upon request of such Term Lender, deliver or cause to be delivered, to the Borrower extent such Term Lender is then holding a Term Loan Note, on the effective date of the such increase, a new Term Loan Note so replacedpayable to such Term Lender or its registered assigns in a principal amount equal to such Term Lender’s outstanding Term Loans as of such date. The date, amount, Type, interest rate and, if applicable, Interest Period of each Term Loan and Revolving Loan made by each Term Lender and Revolving Credit Lender, respectively, and all payments made on account of the principal thereof, shall be recorded by such Term Lender or Revolving Credit Lender, as applicable, on its books for its such Term Lender’s Term Loan Note and such Revolving Credit Lender’s Revolving Credit Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lenderas applicable. Failure to make any such notation or to attach a schedule recordation shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such any transfer by any Lender of its Term Loan Note and/or Revolving Credit Note.

Notes. (a) Upon the request of a any Domestic Lender, the Revolving Credit Loans made by such Domestic Lender shall be evidenced by a Revolving Credit Note or Tranche A-1 Note, as applicable, duly executed on behalf of the Domestic Borrowers, dated the Effective Date or the First Amendment Effective Date, as applicable, payable to the order of such Domestic Lender in an aggregate principal amount equal to such Domestic Lender’s Commitment. (b) Upon the request of any Swingline Lender, the Revolving Credit Loans made by such Swingline Lender with respect to Swingline Loans shall be evidenced by a Swingline Note, duly executed on behalf of the Borrowers, dated the Effective Date, payable to the order of such Swingline Lender, in an aggregate principal amount equal to the Domestic Swingline Loan Ceiling or Canadian Swingline Loan Ceiling, as applicable. (c) Upon the request of any Canadian Lender, the Revolving Credit Loans made by such Canadian Lender shall be evidenced by a Revolving Credit Note or Tranche A-1 Note, as applicable, duly executed on behalf of the Canadian Borrower, dated the Effective Date or the First Amendment Effective Date, as applicable, payable to the order of such Canadian Lender in an aggregate principal amount equal to such Canadian Lender’s Commitment. (d) Each Lender is hereby authorized by the applicable Borrowers to endorse on a schedule attached to each Note delivered to such Lender (or on a continuation of such schedule attached to such Note and made a part thereof), or otherwise to record in such Lender’s internal records, an appropriate notation evidencing the date and amount of each Loan from such Lender, each payment and prepayment of principal of any such Loan, each payment of interest on any such Loan and the other information provided for on such schedule; provided, however, that the failure of any Lender to make such a notation or any error therein shall not affect the obligation of any Borrower to repay the Loans made by such Lender shall be evidenced by a single promissory note of in accordance with the Borrower in substantially the form of Exhibit A, and (i) in the case of any Lender party hereto as of the date terms of this AgreementAgreement and the applicable Notes. (e) Upon receipt of an affidavit and indemnity of a Lender as to the loss, such Note shall be dated as of the date of this Agreementtheft, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, destruction or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date mutilation of such increaseLender’s Note and upon cancellation of such Note, the Borrowers will issue, in each caselieu thereof, payable to such Lender a replacement Note in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request favor of such Lender, deliver or cause to be delivered on in the effective date of such increase or decrease, a new Note payable to such Lender in a same principal amount equal to its Commitment after giving effect to such increase or decrease, thereof and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by like tenor at such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Noteexpense.

Notes. Upon Any Lender may request of a Lender, that the Loans made by such Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit ARevolving Credit Note or Term Note, and (i) as applicable, dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the such Assignment and Assumption, Assumption or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment Aggregate Revolving Commitments or Aggregate Term Commitments pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Revolving Commitment or Term Commitment, as applicable, as in effect on such date, and otherwise duly completed. In the event that any Lender’s Revolving Commitment or Term Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b12.04(c) or otherwise), at the Borrower shall, upon request of such Lender, the Borrower shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Revolving Credit Note or Term Note, as applicable, payable to such Lender in a principal amount equal to its Revolving Commitment or Term Commitment after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, Lender and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon If a Lender shall make a written request of to the Administrative Agent and the Borrower to have its Loans evidenced by a Note, then, for each such Lender, the Loans made by such Lender Borrower shall be evidenced by execute and deliver a single promissory note Note of the Borrower in substantially the form of Exhibit Adated, and (i) in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, Agreement or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender or its registered assigns in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In Upon request from a Lender, in the event that any such Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender or its registered assigns in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall may be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed recorded by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure ; provided that the failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon If a Lender shall make a written request of to the Administrative Agent and the Borrower to have its Loans evidenced by a Note, then, for each such Lender, the Loans made by such Lender Borrower shall be evidenced by execute and deliver a single promissory note Note of the Borrower in substantially the form of Exhibit Adated, and (i) in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, Assumption or (iii) in the case of any Additional Lender that becomes a party hereto in connection with an increase in the Total Aggregate Elected Commitment Amount pursuant to Section 2.06(c), as of the effective date of such increase, in each caseas applicable, payable to such Lender (and, for avoidance of doubt, its registered assigns) in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In Upon request from a Lender, in the event that any such Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender (and, for avoidance of doubt, its registered assigns) in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall may be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure ; provided that the failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a any Lender, the Loans made by such Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit ANote, and and, (i) in the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Additional Lender that becomes a party hereto in connection with an increase in the Elected Commitments pursuant to Section 2.07(f), such Note shall be dated as of the Increase Effective Date or (iii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender or it registered assigns in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) ), or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against the return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed recorded by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a such Lender, the Loans made by such a Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) and, in the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) or in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request (a) The Loans of a Lender, the Loans made by such Lender each Bank shall be evidenced by a single promissory note Note made by each Borrower (including any Qualified Borrower) payable to the order of such Bank for the account of its Applicable Lending Office. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type (including, without limitation, Swingline Loans and Money Market Loans) be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Any additional costs incurred by the Administrative Agent, the Borrower or the Banks in connection with preparing such a Note shall be at the sole cost and expense of the Borrower Bank requesting such Note. In the event any Loans evidenced by such a Note are paid in full prior to the Maturity Date, any such Bank shall return such Note to Borrower. Each such Note shall be in substantially the form of Exhibit A, A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Upon the execution and (i) in the case delivery of any Lender party hereto as of the date of this Agreementsuch Note, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new existing Note payable to such Lender Bank shall be replaced or modified accordingly. Each reference in a principal amount equal this Agreement to its Commitment after giving effect the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.1(a), the Administrative Agent shall forward such Note to such increase or decrease, and otherwise duly completed, against return to Bank. Each Bank shall record the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period type and maturity of each Loan made by it and the date and amount of each Lenderpayment of principal made by the Borrower or Qualified Borrower, as the case may be, with respect thereto, and all payments made on account may, if such Bank so elects in connection with any transfer or enforcement of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior endorse on the appropriate schedule appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure Bank to make any such notation recordation or to attach a schedule endorsement shall not affect any Lender’s the obligations of the Borrower or applicable Qualified Borrower hereunder or under the Borrower’s rights or obligations in respect of such Loans or affect Notes. Each Bank is hereby irrevocably authorized by the validity of such transfer by any Lender Borrower and each Qualified Borrower so to endorse its Note and to attach to and make a part of its NoteNote a continuation of any such schedule as and when required. (d) The Committed Loans shall mature, and the principal amount thereof shall be due and payable, on the Maturity Date. The Swingline Loans shall mature, and the principal amount thereof shall be due and payable, in accordance with Section 2.3(b)(iii). (e) Each Money Market Loan included in any Money Market Borrowing shall mature, and the principal amount thereof shall be due and payable, together with accrued interest thereon, on the earlier to occur of (i) last day of the Interest Period applicable to such Borrowing or (ii) the Maturity Date. (f) There shall be no more than fifteen (15) Euro-Dollar Groups of Loans and no more than ten (10) Money Market Loans outstanding at any one time.

Notes. Upon request of a (i) Each Term Loan made by each Term Lender shall, if requested by such Term Lender, the Loans made by such Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit AB-1 (each, and (i) a “Term Note”), dated, in the case of (A) any Term Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, the initial Borrowing or (iiB) in the case of any Term Lender that becomes a party hereto pursuant to an Assignment and AssumptionAssignment, such Note shall be dated as of the effective date of the Assignment and AssumptionAssignment, or payable to such Term Lender in an aggregate principal amount equal to its Term Loan. (iiiii) The Revolving Loans made by each Revolving Lender shall, if requested by such Revolving Lender, be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit B-2 (each, a “Revolving Note”), dated, in the case of (A) any Revolving Lender party hereto as of the date of this Agreement, as of the date the initial Borrowing or (B) any Revolving Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c)an Assignment, as of the effective date of such increase, in each casethe Assignment, payable to such Revolving Lender in a principal amount equal to its Commitment Revolving Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Revolving Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.062.6, Section 12.04(b10.2(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Revolving Note payable to such Revolving Lender in a principal amount equal to its Commitment Revolving Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against return completed and the affected Revolving Lender shall promptly deliver the Revolving Note being replaced to the Borrower of the Note so replacedBorrower. The date, amount, Type, interest rate and, if applicable, and Interest Period of each Revolving Loan made by each Revolving Lender, and all payments made on account of the principal thereof, shall be recorded by such Revolving Lender on its books for its Revolving Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Revolving Note or any continuation thereof or on any separate record maintained by such Revolving Lender. Failure to make any such notation or to attach a schedule shall not affect any Revolving Lender’s or the Borrower’s rights or obligations in respect of such Revolving Loans or affect the validity of such transfer by any Revolving Lender of its Revolving Note. Each Note, if issued, shall only be issued as means to evidence the right, title or interest of a Lender or a registered assignee in and to the related Loan, as set forth in the Register, and in no event shall any Note be considered a bearer instrument or obligation.

Notes. Upon request of If requested by a Lender, the Loans made by such each Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment Aggregate Maximum Revolving Credit Amounts pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment Maximum Revolving Credit Amounts as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Revolving Credit Amount or Maximum Term Loan Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Revolving Credit Amount or Maximum Term Loan Amount, as applicable, after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. (a) Upon the request of a any Domestic Lender, the Loans made by such Domestic Lender shall be evidenced by a single promissory note Revolving Credit Note or Term Note, as applicable, duly executed on behalf of the Borrower in substantially Domestic Borrowers, dated the form of Exhibit A, and (i) in the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each caseClosing Date, payable to such Domestic Lender or its registered assignees, if any, in a an aggregate principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Domestic Lender’s Commitment increases or decreases for Commitment. (b) Upon the request of any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise)Swingline Lender, the Borrower shallRevolving Credit Loans made by such Swingline Lender with respect to Swingline Loans shall be evidenced by a Swingline Note, upon request duly executed on behalf of such Lenderthe Borrowers, deliver or cause to be delivered on dated the effective date of such increase or decreaseClosing Date, a new Note payable to such Swingline Lender or its registered assignees, if any, in a an aggregate principal amount equal to its Commitment after giving effect the Domestic Swingline Loan Ceiling or Canadian Swingline Loan Ceiling, as applicable. (c) Upon the request of any Canadian Lender, the Loans made by such Canadian Lender shall be evidenced by a Revolving Credit Note or Term Note, as applicable, duly executed on behalf of the Canadian Borrower, dated the Closing Date, payable to such increase Canadian Lender or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate andits registered assignees, if applicableany, Interest Period of each Loan made in an aggregate principal amount equal to such Canadian Lender’s Commitment. (d) Each Lender is hereby authorized by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior applicable Borrowers to any transfer, may be endorsed by such Lender endorse on a schedule attached to each Note delivered to such Lender (or on a continuation of such schedule attached to such Note and made a part thereof), or otherwise to record in such Lender’s internal records, an appropriate notation evidencing the date and amount of each Loan from such Lender, each payment and prepayment of principal of any such Loan, each payment of interest on any such Loan and the other information provided for on such schedule; provided, however, that the failure of any Lender to make such a notation or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule error therein shall not affect the obligation of any Borrower to repay the Loans made by such Lender in accordance with the terms of this Agreement and the applicable Notes. (e) Upon receipt of an affidavit and indemnity of a Lender as to the loss, theft, destruction or mutilation of such Lender’s or the Borrower’s rights or obligations in respect Note and upon cancellation of such Loans or affect Note, the validity Borrowers will issue, in lieu thereof, a replacement Note in favor of such transfer by any Lender Lender, in the same principal amount thereof and otherwise of its Notelike tenor at such Lender’s expense.

Notes. Upon request Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of a the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender's share thereof. The entries made in the accounts maintained pursuant to this Section 2.02(d) shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. Any Lender may request that Loans made by such Lender shall it be evidenced by a single promissory note of Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender and substantially in substantially the form of Exhibit AA dated, and (i) in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, Agreement or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to the order of such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 12.04) be represented by one or more Notes in such form payable to the order of the payee named therein (or, if such Note is a registered note, to such payee and its registered assigns). In the event that any Lender’s Commitment 's Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to the order of such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s 's or the Borrower’s 's rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of If requested by a Lender, the Loans made by such Lender shall each be evidenced by a single promissory note Note of the Borrower in substantially the form of Exhibit ABorrower, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) any Lender that becomes a party hereto in connection with an increase in the case of Aggregate Elected Commitments pursuant to Section 2.06(c) or (iii) any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In Upon request from a Lender and upon the return of the Note issued to it, or in the case of any loss, theft or destruction of any such Note, a lost note affidavit in customary form, in the event that any such Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such ​ [Credit Agreement] ​ ​ increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each such Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed recorded by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note. Upon request of the Borrower, promptly following Payment in Full, each Lender shall return to the Borrower any Note issued to it, or in the case of any loss, theft or destruction of any such Note, a lost note affidavit in customary form.

Notes. Upon request of a Lender, the The Loans made by such each Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment Aggregate Maximum Credit Amounts pursuant to Section 2.06(c2.06(b), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such US 9364157v.4 WEL554/78009 Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of If requested by a Lender, the Revolving Loans and the each Term Loan, as applicable, made by such Lender shall each be evidenced by a single promissory note Note of the Borrower in substantially the form of Exhibit ABorrower, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, Agreement or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount and/or its Term Loans outstanding, as applicable, as in effect on such date, and otherwise duly completed. In Upon request from a Lender and upon the return of the Note issued to it, or in the case of any loss, theft or destruction of any such Note, a lost note affidavit in customary form, in the event that any such Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each such Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed recorded by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note. Upon request of the Borrower, promptly following Payment in Full, each Lender shall return to the Borrower any Note issued to it, or in the case of any loss, theft or destruction of any such Note, a lost note affidavit in customary form.

Notes. Upon (a) Any Bank Party may request of a Lender, that the Loans made by and/or L/C Borrowings of such Lender shall Bank be evidenced by a single promissory note Note payable to the order of such Bank Party for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank Party’s Loans and/or L/C Borrowings. (b) Each Bank Party that has requested that its Loans and/or L/C Borrowings be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans and/or L/C Borrowings of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans and/or L/C Borrowings. Each such Note shall be in substantially the form of Exhibit A, and (i) in A hereto with appropriate modifications to reflect the case of any Lender party hereto as fact that it evidences solely Loans and/or L/C Borrowings of the date relevant Type. Each reference in this Agreement to the “Note” of this Agreement, such Note Bank Party shall be dated deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such each Bank Party’s Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise3.01(b), the Borrower shall, upon request of Administrative Agent shall forward such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment after giving effect to such increase or decrease, and otherwise duly completed, against return to Bank Party. Each Bank Party shall record the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period type and maturity of each Loan and/or L/C Borrowings made by it and the date and amount of each Lenderpayment of principal made by the Borrower with respect thereto, and all payments made on account may, if such Bank Party so elects in connection with any transfer or enforcement of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan and/or L/C Borrowings then outstanding; provided that the failure of any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure Bank Party to make any such notation recordation or to attach a schedule endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank Party is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any Lender’s or such schedule as and when required. (d) Any note evidencing a Loan (as such term is defined in the Borrower’s rights or obligations in respect Existing Credit Agreement) prior to the Amendment Effective Date may be exchanged upon the request of the relevant Bank made through the Administrative Agent and surrender of such note to the Company through the Administrative Agent, for a Note evidencing the 2014 Loans and the 20152016 Loans into which such Bank’s Loans were converted or affect redesignated on the validity of such transfer by any Lender of its NoteSecond Amendment Effective Date.

Notes. Upon Any Lender may request of a Lender, the that Loans made by such Lender shall it be evidenced by a single promissory note of note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment Aggregate Maximum Credit Amounts pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to the order of such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that If any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such the order of any Lender who requested a Note hereunder in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against and such Lender agrees to promptly thereafter return to the Borrower of the previously issued Note so replacedheld by such Lender marked canceled or otherwise similarly defaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each LenderLender that receives a Note, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a Lender, the Loans made by such Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, Agreement or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to and its Commitment as in effect on such dateregistered assigns, and otherwise duly completed. In the event that the aggregate principal amount of any Lender’s Commitment increases or 's Loans decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b13.04(b) or otherwise), the Borrower shall, upon request of such Lenderrequest, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender and its registered assigns in a principal amount equal to its Commitment Loan after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. The entries in the books of any Lender with respect to such payments shall be conclusive absent manifest error. Failure to make any such notation or to attach a schedule shall not affect any Lender’s 's or the Borrower’s 's rights or obligations Obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note. All Notes issued by the Borrower pursuant hereto shall make clear reference to the existence of the Intercreditor Agreement, and the effect thereof on the priority of the Lender's interest in the Collateral.

Notes. Upon request of a Lender, the Loans made by such Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit AA-1 in the case of a Revolving Credit Loan and in substantially the form of Exhibit A-2 in the case of a Term Loan, and and, (i) in the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Aggregate Elected Revolving Commitment Amount pursuant to Section 2.06(c)2.01(c) or in connection with a Term Loan Amendment, as of the effective date of such increaseincrease or such Term Loan Amendment, in each case, payable to such Lender in a principal amount equal to to, in the case of a Revolving Credit Lender, its Commitment Maximum Credit Amount as in effect on such date, and, in the case of a Term Lender, the principal amount of its Term Loans on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount or Term Loans, as applicable, increases or decreases for any reason (whether pursuant to Section 2.062.05, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Revolving Credit Lender in a principal amount equal to, in the case of a Revolving Credit Lender, its Maximum Credit Amount after giving effect to such increase or decrease, and, in the case of a Term Lender, the principal amount of its Commitment Term Loans after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its NoteLoans.

Notes. Upon request of If requested by a Lender, the Loans made by such each Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) A-1 in the case of a Revolving Loan and in substantially the form of Exhibit A-2 in the case of a Term Loan, dated, in the case of (a) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (iib) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iiic) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Aggregate Elected Revolving Commitment Amounts pursuant to Section 2.06(c)) or in connection with a Term Loan Amendment, as of the effective date of such increaseincrease or such Term Loan Amendment, in each case, payable to such Lender in a principal amount equal to to, in the case of a Revolving Lender, its Commitment Maximum Credit Amount as in effect on such date, and, in the case of any Term Lender, the principal amount of its Term Loans on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount or Term Loans increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of if requested by such Lender, the Borrower shall deliver or cause to be delivered delivered, to the extent such Lender is then holding a Note, on the effective date of such increase or decrease, a new Note Note, payable to such Lender in a principal amount equal to, in the case of a Revolving Lender, its Maximum Credit Amount after giving effect to such increase or decrease, and, in the case of any Term Lender, the principal amount of its Commitment Term Loans after giving effect to such increase or decrease, and otherwise duly completed, against whereupon such Lender shall promptly return to the Borrower of the previously issued Note so replacedheld by such Lender. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed recorded by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.maintained

Notes. Upon Any Lender may request of a Lender, that the Loans made by such Lender it shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completedcompleted (and the prior Note shall be destroyed or, against return upon request of the Borrower, returned to the Borrower of with an indication that the Note so replacedsame has been discharged). The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a Lender, the The Loans made by such each Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, Agreement or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to the order of such Lender in a principal amount equal to the principal amount of its Commitment (or if such Commitments have terminated, the aggregate principal amount of such Lender’s Loans) as in effect on of such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise)2.07, the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decreaseincrease, a new Note payable to such Lender in a principal amount equal to its Commitment and outstanding Loans after giving effect to such increase or decreaseincrease, and otherwise duly completedcompleted (and the prior Note shall be destroyed or, against return upon request of the Borrower, returned to the Borrower of with an indication that the Note so replacedsame has been discharged). The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a Lender, the The Loans made by such each Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment Aggregate Maximum Credit Amounts pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to the order of such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment 's Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to the order of such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against and such Lender agrees to promptly thereafter return to the Borrower of the previously issued Note so replacedheld by such Lender marked canceled or otherwise similarly defaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s 's or the Borrower’s 's rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a Lender, the The Loans made by such each Lender shall be evidenced by a single promissory note of the Borrower upon request by such Lender in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender or its registered assigns in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) 12.04 or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans Loans. Upon surrender of any Note at the principal office of Administrative Agent for registration of transfer or affect exchange (and in the validity case of a surrender for registration of transfer, duly endorsed or accompanied by a written instrument of transfer duly executed by the registered holder or its attorney duly authorized in writing and accompanied by the address for notices of each transferee of such transfer Note or part thereof), and an assignment agreement in form and substance acceptable to Administrative Agent whereby the assignee holder agrees to be bound by any Lender of its Notethe terms hereof that are applicable to holders, shall execute and deliver, at Borrower’s expense, a new Note in exchange therefor.

Notes. Upon Any Lender may request of a Lender, the that Loans made by such Lender shall it be evidenced by a single promissory note. In such event, the Borrowers shall prepare, execute and deliver to such Lender a promissory note payable to the order of the Borrower such Lender in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to the order of such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that If any Lender’s Commitment 's Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, Borrowers shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such the order of any Lender who requested a Note hereunder in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against and such Lender agrees to promptly thereafter return to the Borrower of the previously issued Note so replacedheld by such Lender marked canceled or otherwise similarly defaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each LenderLender that receives a Note, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s 's or the any Borrower’s 's rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon the request of a Lender, the Loans made by such Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and dated (i) as of the date of this Agreement in the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated and (ii) as of the effective date of this Agreement, (ii) the Assignment and Assumption in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, Assumption or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Aggregate Elected Commitment Amount pursuant to Section 2.06(c), as of the effective date of such increase, in each case, case payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon the request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against and such Lender shall promptly return to the Borrower of the previously issued Note so replacedheld by such Lender. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule Schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule Schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of If requested by a Lender, the Loans of any Class made by such Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit AExhibits ▇-▇, and (i) ▇-▇, or A-3, as appropriate, dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the Effective Date, (ii) any other Lender, as of the date of this Agreement, (ii) in the case of any such Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each casehereto, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount, the principal amount of its 5-Year Term Loan, or the principal amount of its 7-Year Term Loan, as the case may be, as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason or the amount of a Term Lender’s Term Loans increases (whether pursuant to Section 2.06, Section 2.09, Section 12.04(b) or otherwise)) and at such Lender’s request, the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered delivered, on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount (after giving effect to such increase or decrease), the principal amount of its 5-Year Term Loan (after giving effect to such increase), or the principal amount of its 7-Year Term Loan (after giving effect to such increase), as the case may be, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, Class, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its NoteNote of such Class, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its such Note.

Notes. Upon request of a LenderOn the fourth Business Day prior to each Payment Date, the Loans made by Administrator shall instruct the Trustee in writing pursuant to the Administration Agreement as to the amount to be withdrawn from the Series 2008-1 Accrued Interest Account to the extent funds are anticipated to be available from Interest Collections allocable to the Series 2008-1 Notes processed from but not including the preceding Payment Date through the succeeding Payment Date and any amounts payable to HVF under any Series 2008-1 Interest Rate Cap during that period in respect of (i) first, (I) first an amount equal to the sum of (A) the Series 2008-1 Monthly Interest (excluding amounts referenced in clause (ii) of the definition thereof to the extent duplicative of Series 2008-1 Deficiency Amounts payable under clause (ii) below) for such Lender Payment Date (the portion of such amount of Series 2008-1 Monthly Interest that will accrue for the period (each an, “Estimated Interest Period”) from and including the Determination Date immediately preceding such Payment Date to but excluding such Payment Date (such portion of the Series 2008-1 Monthly Interest with respect to any such Estimated Interest Period, the “Estimated Interest”) shall be evidenced estimated by a single promissory note the Administrator on such Determination Date) plus (B) the Estimated Interest Adjustment Amount with respect to such Determination Date and (II) second, an amount equal to any Indenture Carrying Charges due to the Series 2008-1 Noteholders and unpaid as of such Payment Date which are not included in the definition of Series 2008-1 Monthly Interest, (ii) second, an amount equal to the unpaid Series 2008-1 Deficiency Amounts, if any, as of the Borrower preceding Payment Date (together with any accrued interest on such Series 2008-1 Deficiency Amounts) and (iii) third, an amount equal to the Series 2008-1 Monthly Default Interest Amount, if any, for such Payment Date. On or before 10:00 a.m. (New York City time) on the following Payment Date, the Trustee shall withdraw the amounts described in substantially the first sentence of this Section 3.3(a), from the Series 2008-1 Accrued Interest Account and deposit such amounts into the Series 2008-1 Distribution Account. On or before 4:00 p.m. (New York City time) on the Business Day immediately preceding each Determination Date, the Administrator shall notify the Trustee of any Estimated Interest Adjustment Amount with respect to such Determination Date, such notification to be in the form of Exhibit A, and H to this Series Supplement (i) in the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to each an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c“Estimated Interest Adjustment Notice”), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon Any Lender may request of a Lender, the that Loans made by such Lender shall it be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), upon the Borrower shall, upon request of such Lender, the Borrower shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completedcompleted and, against upon request by the Borrower, such Lender shall promptly return to the Borrower of the previously issued Note so replacedheld by such Lender. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a Lender, the Loans made by such Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) in the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Aggregate Elected Commitment Amounts pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a Lender, the (a) The Syndicated Loans made by such Lender each Bank shall be evidenced by a single promissory note (a "Syndicated Note") of the Borrower Company substantially in substantially the form of Exhibit AA-1 hereto, and (i) in dated the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each caseEffective Date, payable to such Lender Bank in a principal amount equal to the amount of its Commitment as originally in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Typetype, interest rate and, if applicable, Interest Period and maturity date of each Syndicated Loan made by each LenderBank to the Company, and all payments each payment made on account of the principal thereof, shall be recorded by such Lender Bank on its books for its Note, and, prior to any transfertransfer of such Note held by it, may be endorsed by such Lender Bank on a the schedule attached to such Note or any continuation thereof or on thereof. The failure of any separate record maintained by such Lender. Failure Bank to make any such notation or to attach entry or any error in such a schedule notation or entry shall not not, however, limit or otherwise affect any Lender’s obligation of the Company under this Agreement or the Borrower’s rights or obligations Notes. (b) The Money Market Loans made by any Bank shall be evidenced by a single promissory note (a "Money Market Note") of the Company substantially in respect the form of Exhibit A-2 hereto, dated the date of the delivery of such Loans or affect Note to Chase under this Agreement, payable to such Bank and otherwise duly completed. The date, amount, interest rate and 9 14 maturity date of each Money Market Loan made by each Bank to the validity Company, and each payment made on account of the principal thereof, shall be recorded by such Bank on its books and, prior to any transfer of such Note held by it, endorsed by such Bank on the schedule attached to such Note or any continuation thereof. The failure of any Bank to make any notation or entry or any error in such a notation or entry shall not, however, limit or otherwise affect any obligation of the Company under this Agreement or the Notes. (c) The Loans made by the Swingline Bank shall be evidenced by a single promissory note (a "Swingline Note") of the Company substantially in the form of Exhibit A-3 hereto, dated the Effective Date, payable to the Swingline Bank in a principal amount equal to the amount of the Swingline Commitment as originally in effect and otherwise duly completed. The date, amount, type, interest rate and maturity date of each Swingline Loan made by the Swingline Bank to the Company, and each payment made on account of the principal thereof, shall be recorded by the Swingline Bank on its books and, prior to any transfer of such Note held by it, endorsed by the Swingline Bank on the schedule attached to such Note or any Lender continuation thereof. The failure of its Notethe Swingline Bank to make any notation or entry or any error in such a notation or entry shall not, however, limit or otherwise affect any obligation of the Company under this Agreement or the Notes.

Notes. Upon request of a such Lender, the Loans made by such a Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) and, in the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) or in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to the order of such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to the order of such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of If requested by a Lender, the Loans made by such Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the Effective Date, and (ii) any other Lender, as of the date of this Agreement, (ii) in the case of any such Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each casehereto, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section ‎Section 2.06, Section ‎Section 2.09, ‎Section 12.04(b) or otherwise), the Borrower shallshall deliver or cause to be delivered, to the extent such Lender is then holding a Note and upon the written request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed. Upon receipt of such replacement Note, against such Lender shall return the replaced Note to the Borrower of the Note so replacedBorrower. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of If requested by a Lender, the Loans made by such each Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit AA-1, and (i) dated, in the case of (i) any Lender party hereto as of the date of this AgreementInitial Funding Date, such Note shall be dated as of the date of this AgreementInitial Funding Date, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and AssumptionAssumption or amendment or other modification to this Agreement, such Note shall be dated as of the effective date of the Assignment and Assumption, amendment or other modification, or (iii) in the case of any Additional Lender that becomes a party hereto in connection with an increase in the Total Aggregate Elected Commitment Amounts pursuant to Section 2.06(c), as of the effective date of such increase, in each caseas applicable, payable to such Lender (or its registered assigns) in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. The Swingline Loans made by the Swingline Lenders shall be evidenced by a promissory note of the Borrower in substantially the form of Exhibit A-2. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise)reason, the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered delivered, to the extent such Lender is then holding a Note and so requests a new Note, on the effective date of such increase or decrease, a new Note payable to such Lender (or its registered assigns) in a principal amount equal to its Commitment Maximum Credit Amount, after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such LenderNote(s). Failure to make any such notation or to attach a schedule recordation shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its NoteNote(s).

Notes. Upon request of a Lender, the (a) The Loans made by such each Lender shall be evidenced by a single promissory note of the Borrower Borrowers substantially in substantially the form of Exhibit AA hereto (each, and (i) in a “Note”, collectively, the case of any Lender party hereto as of “Notes”), dated the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each casehereof, payable to the order of such Lender in a principal amount equal to its the lesser of (i) the amount of the Commitment as in effect on of such date, Lender and (ii) the aggregate unpaid principal amount of all Loans made by such Lender and otherwise duly completed. In Each Lender shall have the event that any Lender’s Commitment increases or decreases right to have its Note subdivided, by exchange for any reason (whether pursuant to Section 2.06, Section 12.04(b) promissory notes of lesser denominations or otherwise). Simultaneously with the execution of its Note hereunder, each Lender shall return to the Borrower shall, upon request of such Lender, deliver or cause to be Borrowers the promissory note delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment after giving effect to such increase or decreaseunder the Existing Loan Agreement, and otherwise duly completed, against return to the Borrower of the Note so replaced. which shall have been marked “cancelled”. (b) The date, amount, Type, amount and interest rate and, if applicable, Interest Period of each Loan made by each LenderLender to the Borrowers, including, without limitation, all Loans made under the Existing Loan Agreement, and all payments each payment made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfertransfer of its Note, may be endorsed by such Lender on a the schedule attached to such its Note or any continuation thereof or on any separate record maintained by thereof; provided, that the failure of such Lender. Failure Lender to make any such notation recordation or to attach a schedule endorsement shall not affect the obligations of the Borrowers to make a payment when due of any Lender’s amount owing hereunder or the Borrower’s rights or obligations under its Note in respect of the Loans made by such Loans or affect the validity of such transfer by any Lender of its NoteLender.

Notes. Upon request of If requested by a Lender, the Loans made by such each Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (e) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (iif) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, Assumption or (iiig) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Aggregate Elected Commitment Amounts pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered delivered, to the extent such Lender is then holding a Note, on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against completed and such Lender shall promptly return to the Borrower of the previously issued Note so replacedheld by such Lender. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request (a) The Loans of a Lender, the Loans made by such each Lender shall be evidenced by a single promissory note of Note made by the Borrower payable to the order of such Lender for the account of its Lending Office. (b) In the event any Loans evidenced by such a Note are paid in full prior to the Maturity Date, any such Lender shall return such Note to Borrower. Each such Note shall be in substantially the form of Exhibit A, A hereto. Upon the execution and (i) in the case delivery of any Lender party hereto as of the date of this Agreementsuch Note, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new existing Note payable to such Lender shall be replaced or modified accordingly. Each reference in a principal amount equal this Agreement to its Commitment after giving effect the "Note" of such Lender shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) On the Closing Date, the Borrower will deliver the Note to the Lender directly. After the Closing Date, upon receipt of each Lender's Note pursuant to Section 3.1(a), the Administrative Agent shall forward such Note to such increase or decrease, and otherwise duly completed, against return to Lender. Each Lender shall record the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period and maturity of each Loan made by it and the date and amount of each Lenderpayment of principal made by the Borrower , as the case may be, with respect thereto, and all payments made on account of the principal thereofmay, shall be recorded by if such Lender on its books for so elects in connection with any transfer or enforcement of its Note, and, prior endorse on the appropriate schedule appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation recordation or to attach a schedule endorsement shall not affect any Lender’s the obligations of the Borrower hereunder or under the Borrower’s rights or obligations in respect of such Loans or affect Notes. Each Lender is hereby irrevocably authorized by the validity of such transfer by any Lender Borrower so to endorse its Note and to attach to and make a part of its NoteNote a continuation of any such schedule as and when required. (d) The Loans shall mature, and the principal amount thereof shall be due and payable, on the Maturity Date.

Notes. Upon request (a) The Loans of a Lender, the Loans made by such each Lender to each Borrower shall be evidenced by a single promissory note Note of such Borrower payable to the order of such Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Lender's Loans. (b) Each Lender may, by notice to either Borrower and the Agent, request that its Loans of a particular Type or Class to such Borrower be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A, and (i) in A hereto with appropriate modifications to reflect the case of any Lender party hereto as fact that it evidences solely Loans of the date relevant Type or Class. Each reference in this Agreement to the "Note" of this Agreement, such Note Lender shall be dated deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment each Lender's Notes pursuant to Section 2.06(c)3.01, as of the effective date of Agent shall forward such increase, in each case, payable Notes to such Lender. Each Lender in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In shall record the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period Type and Class of each Loan made by it to each LenderBorrower and the date and amount of each payment of principal made with respect thereto, and all payments made on account of the principal thereofmay, shall be recorded by if such Lender so elects in connection with any transfer or enforcement of its Note of either Borrower, endorse on its books for its Note, and, prior the schedule forming a part thereof appropriate notations to any transfer, may be endorsed by evidence the foregoing information with respect to each such Lender on a schedule attached Loan to such Note or Borrower then outstanding; provided that the failure of any continuation thereof or on any separate record maintained by such Lender. Failure Lender to make any such notation recordation or to attach a schedule endorsement, or any error in making such recordation or endorsement, shall not affect the obligations of either Borrower hereunder or under the Notes or any Lender’s or the Borrower’s rights or obligations in respect other Loan Document. Each Lender is hereby irrevocably authorized by each Borrower so to endorse its Notes and to attach to and make a part of any Note a continuation of any such Loans or affect the validity of such transfer by any Lender of its Noteschedule as and when required.

Notes. Upon request of a Lender, (a) Each Borrower's obligation to repay the Loans made to it by such Lender each Bank shall be evidenced by a single promissory note Note of such Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans at any time. (b) Each Bank may, by notice to a Borrower and the Administrative Agent, request that such Borrower's obligation to repay such Bank's Loans of a particular type to such Borrower be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A, and (i) in A hereto with appropriate modifications to reflect the case of any Lender party hereto as fact that it evidences solely Loans of the date relevant type. Each reference in this Agreement to the "Note" of this Agreement, such Note Borrower payable to the order of such Bank shall be dated deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Notes, the Administrative Agent shall forward such Notes to such Bank. Each Bank shall record the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by it to each LenderBorrower and the date and amount of each payment of principal made with respect thereto, and all payments made may, if such Bank so elects in connection with any transfer or enforcement of its Note of any Borrower, endorse on account the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached Loans to such Note or Borrower then outstanding; provided that neither the failure by any continuation thereof or on any separate record maintained by such Lender. Failure Bank to make any such notation recordation or endorsement, nor any error therein, shall affect the obligations of any such Borrower under any Loan Documents. Each Bank is hereby irrevocably authorized by each Borrower so to endorse such Borrower's Note payable to the order of such Bank and to attach to and make a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect part of such Loans or affect the validity Note a continuation of any such transfer by any Lender of its Noteschedule as and when required.

Notes. Upon Any Lender may request of a Lender, that the Loans made by such Lender shall it be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, Agreement or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender or its registered assigns in a principal amount equal to the aggregate principal amount of its Commitment Loans as in effect on such date, and otherwise duly completed. In the event that the aggregate principal amount of any Lender’s Commitment Loans increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), upon the Borrower shall, upon request of such Lender, the Borrower shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender or its registered assigns in a principal amount equal to the aggregate principal amount of its Commitment Loans after giving effect to such increase or decrease, and otherwise duly completed, against return . The Borrower’s obligation to deliver a Note evidencing Loans for which the Borrower has previously delivered a Note shall be subject to Borrower’s receipt of such previously-delivered Note or satisfactory indemnity therefor in Borrower’s good faith discretion. The replaced Note shall be deemed cancelled upon delivery from the Borrower to the Borrower Lender of the Note so replacedsuch new Note. The date, amount, Type, and interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed recorded by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a such Lender, the Loans made by such a Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) and, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) any Lender that becomes a party hereto in connection with an increase in the Aggregate Elected Borrowing Base Commitments pursuant to Section 2.07(h), such Note shall be dated as of the effective date of such increase, or (iii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender or its registered assigns in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender or its registered assigns in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed recorded by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a Lender, the (i) The Revolving Credit Loans made by such each Revolving Credit Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit AA-1, and (i) dated, in the case of (A) any Revolving Credit Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, or (iiB) in the case of any Revolving Credit Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to the order of such Lender in a principal amount equal to its Commitment Maximum Revolving Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Revolving Credit Lender’s Commitment Maximum Revolving Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Revolving Credit Note payable to the order of such Lender in a principal amount equal to its Commitment Maximum Revolving Credit Amount after giving effect to such increase or decrease, and otherwise duly completed. (ii) The Term Loans made by each Term Loan Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A-2, against return dated as of (A) the Effective Date or (B) the effective date of an Assignment pursuant to Section 12.04(b), payable to the Borrower order of the Note so replaced. such Lender and otherwise duly completed. (iii) The date, amount, Type, Class, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its NoteNotes, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note Notes or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its NoteNotes.

Notes. Upon request of a Lender(a) The Loan made to each Borrower, the Loans made by and such Lender Borrower's obligation to repay such Loan, shall be evidenced by a single promissory note Note issued by such Borrower to the Agent (for the benefit of all of the Borrower Lenders sharing in substantially the form of Exhibit ALoan to such Borrower), and which shall provide, among other things, that (i) such Note shall mature, and the outstanding principal amount thereof and the unpaid accrued interest thereon shall be due and payable, on the Maturity Date, (ii) such Borrower shall pay interest on the unpaid principal amount of the Loan made to such Borrower from the Closing Date until such principal amount is paid in full, payable to the Agent, for the benefit of the Lenders, in arrears on each Interest Payment Date at the rate as provided in the case of any Lender party hereto as of the date of this AgreementNote, (iii) such Note shall be dated as prepayable at the option of the date of this Agreement, (ii) Borrower as and to the extent provided in the case of Note and (iv) any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note prepayments shall be dated subject to the payment of an Early Payment Fee and related fees as of the effective date of the Assignment and Assumption, or (iii) set forth in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment as in effect on such date, Note. All interest payments and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations prepayments in respect of such Loans or affect any Loan shall be applied by the validity Agent among the Lenders on a Pro-rata basis (based on each Lender's Pro-rata share of such transfer by the outstanding principal amount thereof). (b) Upon the occurrence and during the continuance of any Program Event of Default, the Agent may (and at the request of any Lender, the Agent shall) request that the Borrowers execute and deliver amended and restated Notes for each Lender in replacement of its Notethe existing master Notes.

Notes. Upon request of a Lender, the The Loans made by each Lender, if requested by such Lender Lender, shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, Assumption or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Aggregate Elected Commitment Amount pursuant to Section 2.06(c), 2.07(e) as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.062.07, Section 12.04(b) or otherwise), the Borrower shall, upon request of if requested by such Lender, the Borrower shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a LenderOn the fourth Business Day prior to each Payment Date, the Loans made by Administrator shall instruct the Trustee in writing pursuant to the Administration Agreement as to the amount to be withdrawn from the Series 2009-1 Accrued Interest Account to the extent funds are anticipated to be available from Interest Collections allocable to the Series 2009-1 Notes processed from but not including the preceding Payment Date through the succeeding Payment Date and any amounts payable to HVF under any Series 2009-1 Interest Rate Cap during that period in respect of (i) first, (I) first an amount equal to the sum of (A) the Series 2009-1 Monthly Interest (excluding amounts referenced in clause (ii) of the definition thereof to the extent duplicative of Series 2009-1 Deficiency Amounts payable under clause (ii) below) for such Lender Payment Date (the portion of such amount of Series 2009-1 Monthly Interest that will accrue for the period (each an, “Estimated Interest Period”) from and including the Determination Date immediately preceding such Payment Date to but excluding such Payment Date (such portion of the Series 2009-1 Monthly Interest with respect to any such Estimated Interest Period, the “Estimated Interest”) shall be evidenced estimated by a single promissory note the Administrator on such Determination Date) plus (B) the Estimated Interest Adjustment Amount with respect to such Determination Date and (II) second, an amount equal to any Indenture Carrying Charges due to the Series 2009-1 Noteholders and unpaid as of such Payment Date which are not included in the definition of Series 2009-1 Monthly Interest, (ii) second, an amount equal to the unpaid Series 2009-1 Deficiency Amounts, if any, as of the Borrower preceding Payment Date (together with any accrued interest on such Series 2009-1 Deficiency Amounts) and (iii) third, an amount equal to the Series 2009-1 Monthly Default Interest Amount, if any, for such Payment Date. On or before 10:00 a.m. (New York City time) on the following Payment Date, the Trustee shall withdraw the amounts described in substantially the first sentence of this Section 3.3(a), from the Series 2009-1 Accrued Interest Account and deposit such amounts into the Series 2009-1 Distribution Account. On or before 4:00 p.m. (New York City time) on the Business Day immediately preceding each Determination Date, the Administrator shall notify the Trustee of any Estimated Interest Adjustment Amount with respect to such Determination Date, such notification to be in the form of Exhibit A, and H to this Series Supplement (i) in the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to each an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c“Estimated Interest Adjustment Notice”), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon (a) Each Bank may, by notice to the Borrower and the Administrative Agent, request of a Lenderthat its various Term Loans, the Revolving Credit Loans made by such Lender shall and Swingline Loans be evidenced by a single promissory note separate Notes, each in an amount equal to the aggregate unpaid principal amount of the applicable Loans. Any additional costs incurred by the Administrative Agent, the Borrower or the Banks in connection with preparing such a Note shall be at the sole cost and expense of the Bank requesting such Note. In the event any Loans evidenced by such a Note are paid in full prior to the Maturity Date, any such Bank shall return such Note to the Borrower. Each such Term Loan Note shall be in substantially the form of Exhibit AG-1 hereto, and (i) in the case of any Lender party hereto as of the date of this Agreement, each such Revolving Credit Loan Note shall be dated as in substantially the form of the date of this Agreement, (ii) in the case of any Lender that becomes a party Exhibit G-2 hereto pursuant to an Assignment and Assumption, each such Swingline Loan Note shall be dated as in substantially the form of Exhibit G-3. Upon the effective date of the Assignment execution and Assumption, or (iii) in the case delivery of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c)such Note, as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new existing Note payable to such Lender in a principal amount equal to its Commitment after giving effect to such increase or decrease, and otherwise duly completed, against return Bank shall be returned to the Borrower and replaced or modified accordingly. Each reference in this Agreement to the “Note” of such Bank shall be deemed to refer to and include any or all of such Notes, as the Note so replacedcontext may require. (b) Upon receipt of any Bank’s Note(s) pursuant to Section 3.1(a), the Administrative Agent shall forward such Note(s) to such Bank. The Such Bank shall record the date, amount, Typecurrency, interest rate and, if applicable, Interest Period Type and maturity of each Loan made by it and the date and amount of each Lenderpayment of principal made by the Borrower, with respect thereto, and all payments made may, if such Bank so elects in connection with any transfer or enforcement of its Note(s), endorse on account the appropriate schedule appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure Bank to make any such notation recordation or to attach a schedule endorsement shall not affect any Lender’s the obligations of the Borrower hereunder or under the Borrower’s rights or obligations in respect of such Loans or affect Notes. Each Bank is hereby irrevocably authorized by the validity of such transfer by any Lender Borrower so to endorse its Note(s) and to attach to and make a part of its NoteNote(s) a continuation of any such schedule as and when required. (c) The Term Loans and Revolving Credit Loans shall mature, and the principal amount thereof shall be due and payable, on the Maturity Date. The Swingline Loans shall mature, and the principal amount thereof shall be due and payable, in accordance with Section 2.4(b)(iii). (d) There shall be no more than ten (10) Euro-Currency Group of Loans outstanding at any one time.

Notes. Upon request of If requested by a Lender, the Loans made by such Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Aggregate Elected Commitment Amounts pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered delivered, to the extent such Lender is then holding a Note, on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against and each Lender shall return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule recordation shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a such Lender, the Loans made by such a Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) and, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) any Lender that becomes a party hereto in connection with an increase in the Aggregate Elected Borrowing Base Commitments pursuant to Section 2.07(g), such Note shall be dated as of the effective date of such increase, or (iii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender or its registered assigns in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender or its registered assigns in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed recorded by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a LenderOn the fourth Business Day prior to each Payment Date, the Loans made by Series 2010-2 Administrator shall instruct the Trustee in writing pursuant to the Series 2010-2 Administration Agreement as to the amount to be withdrawn from the Series 2010-2 Accrued Interest Account to the extent funds are anticipated to be available from Series 2010-2 Interest Collections processed from but not including the Payment Date immediately preceding such Lender Payment Date through such Payment Date and any amounts payable to HVF under any Series 2010-2 Interest Rate Cap during that period in respect of (i) (I) first, an amount equal to the sum of (A) the Series 2010-2 Monthly Interest (excluding amounts referenced in clause (ii) of the definition thereof to the extent duplicative of Series 2010-2 Deficiency Amounts payable under clause (ii) below) for such Payment Date (the portion of such amount of Series 2010-2 Monthly Interest that will accrue for the period (each an, “Estimated Interest Period”) from and including the Determination Date immediately preceding such Payment Date to but excluding such Payment Date (such portion of the Series 2010-2 Monthly Interest with respect to any such Estimated Interest Period, the “Estimated Interest”) shall be evidenced estimated by a single promissory note the Series 2010-2 Administrator on such Determination Date) plus (B) the Estimated Interest Adjustment Amount with respect to such Determination Date and (II) second, an amount equal to any Indenture Carrying Charges due to the Series 2010-2 Noteholders and unpaid as of such Payment Date which are not included in the definition of Series 2010-2 Monthly Interest, (ii) second, an amount equal to the unpaid Series 2010-2 Deficiency Amounts, if any, as of the Borrower preceding Payment Date (together with any accrued interest on such Series 2010-2 Deficiency Amounts as calculated in substantially accordance with Section 9.2(e)) and (iii) third, an amount equal to the Series 2010-2 Monthly Default Interest Amount, if any, for such Payment Date. On or before 10:00 a.m. (New York City time) on such Payment Date, the Trustee shall withdraw the amounts described in the first sentence of this Section 9.2(a), from the Series 2010-2 Accrued Interest Account and deposit such amounts into the Series 2010-2 Distribution Account. On or before 4:00 p.m. (New York City time) on the Business Day immediately preceding each Determination Date, the Series 2010-2 Administrator shall notify the Trustee of any Estimated Interest Adjustment Amount with respect to such Determination Date, such notification to be in the form of Exhibit A, and H to this Series Supplement (i) in the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to each an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c“Estimated Interest Adjustment Notice”), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon Any Lender may request of a Lender, that the Loans made by such Lender shall it be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, Agreement or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender or its registered assigns in a principal amount equal to the aggregate principal amount of its Commitment Loans as in effect on such date, and otherwise duly completed. In the event that the aggregate principal amount of any Lender’s Commitment Loans increases or decreases for any reason (whether pursuant to Section 2.062.01, Section 12.04(b13.04(b) or otherwise), upon the Borrower shall, upon request of such Lender, the Borrower shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender or its registered assigns in a principal amount equal to the aggregate 102120121 principal amount of its Commitment Loans after giving effect to such increase or decrease, and otherwise duly completed, against return . Borrower’s obligation to deliver a Note evidencing Loans for which the Borrower has previously delivered a Note shall be subject to ▇▇▇▇▇▇▇▇’s receipt of such previously-delivered Note or satisfactory indemnity therefor in ▇▇▇▇▇▇▇▇’s discretion. The replaced Note shall be deemed cancelled upon delivery from the Borrower to the Borrower Lender of the Note so replacedsuch new Note. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed recorded by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a Lender, the (a) The Revolving Credit Loans (other than Registered Loans) made or continued by such each Lender shall be evidenced by a single promissory note of the Borrower substantially in substantially the form of Exhibit AA-1 hereto, and (i) in dated the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each caseEffective Date, payable to such Lender in a principal amount equal to the amount of its Revolving Credit Commitment as in effect on such date, the Effective Date and otherwise duly completed. In the event that any Lender’s Commitment increases . (b) The Term Loans (other than Registered Loans) made or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), continued by each Lender shall be evidenced by a single promissory note of the Borrower shallsubstantially in the form of Exhibit A-2 hereto, upon request of such Lenderdated the Effective Date, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to the amount of its Term Loan Commitment after giving as in effect to such increase or decrease, on the Effective Date and otherwise duly completed, against return to the Borrower of the Note so replaced. . (c) The date, amount, Type, interest rate and, and duration of Interest Period (if applicable, Interest Period ) of each Loan of each Class made by each LenderLender to the Borrower, and all payments each payment made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfertransfer of any Note evidencing the Loans of such Class held by it, may be endorsed by such Lender on a the schedule attached to such Note or any continuation thereof or on any separate record maintained by thereof; provided that the failure of such Lender. Failure Lender to make any such notation recordation or to attach a schedule endorsement shall not affect the obligations of the Borrower to make a payment when due of any Lender’s amount owing hereunder or the Borrower’s rights or obligations under such Note in respect of such Loans Loans. (d) No Lender shall be entitled to have its Notes substituted or affect the validity exchanged for any reason, or subdivided for promissory notes of lesser denominations, except in connection with a permitted assignment of all or any portion of such transfer Lender's relevant Commitment, Loans and Notes pursuant to Section 12.06 hereof and except as provided in Section 2.07(f) hereof (and, if requested by any Lender, the Borrower agrees to so exchange any Note). (e) Notwithstanding the foregoing, any Lender that is not a U.S. Person and is not a "bank" within the meaning of its Section 881(c)(3)(A) of the Code may request the Borrower (through the Administrative Agent), and the Borrower agrees thereupon, to record on the Register referred to in Section 12.06(g) hereof any Loans of any Class held by such Lender under this Agreement. Loans recorded on the Register ("Registered Loans") may not be evidenced by promissory notes other than Registered Notes as defined below and, upon the registration of any Loan, any promissory note (other than a Credit Agreement Registered Note) evidencing the same shall be null and void and shall be returned to the Borrower. The Borrower agrees, at the request of any Lender that is the holder of Registered Loans, to execute and deliver to such Lender a promissory note in registered form to evidence such Registered Loans (i.e., containing the optional registered note language as indicated in Exhibit A-1 or A-2 hereto, as the case may be) and registered as provided in Section 12.06(g) hereof (herein, a "Registered Note"), dated the date hereof, payable to such Lender and otherwise duly completed. A Loan once recorded on the Register may not be removed from the Register so long as it remains outstanding and a Registered Note may not be exchanged for a promissory note that is not a Registered Note.

Notes. Upon request (a) The Loans of a Lender, the Loans made by such Lender each Bank shall be evidenced by a single promissory note Note made by each Borrower (including any Qualified Borrower) payable to the order of such Bank for the account of its Applicable Lending Office. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type (including, without limitation, Swingline Loans and Money Market Loans) be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Any additional costs incurred by the Administrative Agent, the Borrower or the Banks in connection with preparing such a Note shall be at the sole cost and expense of the Borrower Bank requesting such Note. In the event any Loans evidenced by such a Note are paid in full prior to the Maturity Date, any such Bank shall return such Note to Borrower. Each such Note shall be in substantially the form of Exhibit A, A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Upon the execution and (i) in the case delivery of any Lender party hereto as of the date of this Agreementsuch Note, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new existing Note payable to such Lender Bank shall be replaced or modified accordingly. Each reference in a principal amount equal this Agreement to its Commitment after giving effect the “Note” of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank’s Note pursuant to Section 3.1(a), the Administrative Agent shall forward such Note to such increase or decrease, and otherwise duly completed, against return to Bank. Each Bank shall record the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period type and maturity of each Loan made by it and the date and amount of each Lenderpayment of principal made by the Borrower or Qualified Borrower with respect thereto, and all payments made on account may, if such Bank so elects in connection with any transfer or enforcement of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior endorse on the appropriate schedule appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure Bank to make any such notation recordation or to attach a schedule endorsement shall not affect any Lender’s the obligations of the Borrower or applicable Qualified Borrower hereunder or under the Borrower’s rights or obligations in respect of such Loans or affect Notes. Each Bank is hereby irrevocably authorized by the validity of such transfer by any Lender Borrower and each Qualified Borrower so to endorse its Note and to attach to and make a part of its NoteNote a continuation of any such schedule as and when required. (d) The Committed Loans shall mature, and the principal amount thereof shall be due and payable, on the Maturity Date. The Swingline Loans shall mature, and the principal amount thereof shall be due and payable, in accordance with Section 2.3(b)(iii). (e) Each Money Market Loan included in any Money Market Borrowing shall mature, and the principal amount thereof shall be due and payable, together with accrued interest thereon, on the earlier to occur of (i) last day of the Interest Period applicable to such Borrowing or (ii) the Maturity Date. (f) There shall be no more than twenty (20) Euro-Dollar Groups of Loans and Money Market Loans outstanding at any one time, of which no more than five (5) Euro-Dollar Groups of Loans may be Alternative Currency Loans with Interest Periods of less than 30 days.

Notes. Upon request of a LenderOn the fourth Business Day prior to each Payment Date, the Loans made by Administrator shall instruct the Trustee in writing pursuant to the Administration Agreement as to the amount to be withdrawn from the Series 2009-1 Accrued Interest Account to the extent funds are anticipated to be available from Interest Collections allocable to the Series 2009-1 Notes processed from but not including the Payment Date immediately preceding such Lender Payment Date through such Payment Date and any amounts payable to HVF under any Series 2009-1 Interest Rate Cap during that period in respect of (i) first, (I) first an amount equal to the sum of (A) the Series 2009-1 Monthly Interest (excluding amounts referenced in clause (ii) of the definition thereof to the extent duplicative of Series 2009-1 Deficiency Amounts payable under clause (ii) below) for such Payment Date (the portion of such amount of Series 2009-1 Monthly Interest that will accrue for the period (each an, “Estimated Interest Period”) from and including the Determination Date immediately preceding such Payment Date to but excluding such Payment Date (such portion of the Series 2009-1 Monthly Interest with respect to any such Estimated Interest Period, the “Estimated Interest”) shall be evidenced estimated by a single promissory note the Administrator on such Determination Date) plus (B) the Estimated Interest Adjustment Amount with respect to such Determination Date and (II) second, an amount equal to any Indenture Carrying Charges due to the Series 2009-1 Noteholders and unpaid as of such Payment Date which are not included in the definition of Series 2009-1 Monthly Interest, (ii) second, an amount equal to the unpaid Series 2009-1 Deficiency Amounts, if any, as of the Borrower preceding Payment Date (together with any accrued interest on such Series 2009-1 Deficiency Amounts as calculated in substantially accordance with Section 3.3(e)) and (iii) third, an amount equal to the Series 2009-1 Monthly Default Interest Amount, if any, for such Payment Date. On or before 10:00 a.m. (New York City time) on such Payment Date, the Trustee shall withdraw the amounts described in the first sentence of this Section 3.3(a), from the Series 2009-1 Accrued Interest Account and deposit such amounts into the Series 2009-1 Distribution Account. 50 On or before 4:00 p.m. (New York City time) on the Business Day immediately preceding each Determination Date, the Administrator shall notify the Trustee of any Estimated Interest Adjustment Amount with respect to such Determination Date, such notification to be in the form of Exhibit A, and H to this Series Supplement (i) in the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to each an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c“Estimated Interest Adjustment Notice”), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a Lender, the The Loans made by such each Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to the order of such Lender in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to the order of such Lender in a principal amount equal to its Commitment after giving effect to such increase or decrease, and otherwise duly completedcompleted (and the prior Note shall be destroyed or, against return upon request of the Borrower, returned to the Borrower of with an indication that the Note so replacedsame has been discharged). The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a Lender, the (a) Loans made by such Lender each Bank with respect to Alternate Base Rate Loans and LIBOR Loans shall be evidenced by a single promissory note of the Borrower Company, substantially in substantially the form of Exhibit AD, all with appropriate insertions therein (as endorsed and as amended or otherwise modified from time to time, a “Note” and, collectively, the “Notes”), payable to the order of such Bank and representing the obligation of the Company to pay the aggregate unpaid principal amount of all Loans made by such Bank, with interest thereon as prescribed or determined herein. Each Bank is hereby authorized to record the date and amount of each Loan made by such Bank and the other information applicable thereto, and each payment or prepayment of principal of such Loan, on the applicable grid (and any continuations thereof annexed to and constituting a part of its Notes. No failure to so record or any error in so recording shall affect the obligation of the Company to repay such Loans, with interest thereon, as herein provided. (b) If all Governmental Approvals are received by the Borrower on or prior to the Effective Date, the Company shall issue Note to each Bank (each a “Note”). Each Note shall (i) in the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this AgreementEffective Date, (ii) in be stated to mature on the case of any Lender that becomes Final Maturity Date and (iii) bear interest for the period from and including the date thereof on the unpaid principal amount thereof from time to time outstanding at the applicable interest rate per annum determined as provided herein. (c) If all required Government Approvals have not been received by the Borrower on or prior to the Effective Date, then on the Effective Date the Company shall issue a party hereto pursuant Note to each Bank (each, an Assignment and Assumption, such “Initial Note”). Each Initial Note shall (i) be dated as of the effective date of Effective Date, (ii) be stated to mature on the Assignment Initial Maturity Date and Assumption, or (iii) in bear interest for the case of any Lender that becomes period from and including the date thereof on the unpaid principal amount thereof from time to time outstanding at the applicable interest rate per annum determined as provided herein. (d) If all Governmental Approvals were not received on the Effective Date but are received before the date which is 30 days prior to the Initial Maturity Date, the Company shall issue new a party hereto in connection with an increase in the Total Commitment pursuant Note to Section 2.06(ceach Bank (each a “Replacement Note”), . Each Replacement Note shall (i) be dated as of the effective Effective Date, (ii) be stated to mature on the Final Maturity Date and (iii) bear interest for the period from and including the date of such increase, in each case, payable to such Lender in a thereof on the unpaid principal amount equal thereof from time to its Commitment time outstanding at the applicable interest rate per annum determined as in effect on provided herein. Upon each Bank’s receipt of the applicable Replacement Note, such date, Bank will stamp “Cancelled” upon such Bank’s Initial Note and otherwise duly completed. In return the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Initial Note payable to such Lender in a principal amount equal to its Commitment after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower Company via overnight courier, at the sole cost and expense of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its NoteCompany.

Notes. Upon request of a Lender, the The Loans made by such each Lender shall be evidenced by a single promissory note of the Borrower to such Lender in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, Agreement or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender or its registered assigns in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or Maximum Credit Amount decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) 12.04 or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender Lender, in replacement of the Note then outstanding, in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect Loans. Upon assignment of any Note in accordance with the validity terms in this Agreement and surrender of such Note at the principal office of Administrative Agent for registration of transfer or exchange (and in the case of a surrender for registration of transfer, duly endorsed or accompanied by any Lender a written instrument of transfer duly executed by the registered holder or its Noteattorney duly authorized in writing and accompanied by the address for notices of each transferee of such Note or part thereof), and an assignment agreement in form and substance acceptable to Administrative Agent whereby the assignee holder agrees to be bound by the terms hereof that are applicable to holders, the Borrower shall execute and deliver, at Borrower’s expense, a new Note in exchange therefor.

Notes. Upon request of a Lender, the Loans made by such Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) in the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, Agreement or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment Loan as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment Loan increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Loan after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. (a) Upon request of a each Lender’s request, the Loans made by such Lender shall be evidenced by a single promissory note Revolving Credit Note, FILO Note, or ABL Term Note, as applicable, duly executed on behalf of the Borrower in substantially Borrower, dated the form of Exhibit A, and (i) in the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each caseClosing Date, payable to the order of such Lender in a an aggregate principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason applicable Commitment. (whether pursuant to Section 2.06, Section 12.04(bb) or otherwise)Upon the Swingline Lender’s request, the Borrower shallRevolving Credit Loans made by the Swingline Lender with respect to Swingline Loans shall be evidenced by a Swingline Note, upon request duly executed on behalf of such the Borrower, dated the Closing Date, payable to the order of the Swingline Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a an aggregate principal amount equal to its Commitment after giving effect to such increase or decrease, and otherwise duly completed, against return to the Swingline Loan Ceiling. (c) Each Lender is hereby authorized by the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender endorse on a schedule attached to each Note delivered to such Lender (or on a continuation of such schedule attached to such Note and made a part thereof), or otherwise to record in such Lender’s internal records, an appropriate notation evidencing the date and amount of each Loan from such Lender, each payment and prepayment of principal of any such Loan, each payment of interest on any such Loan and the other information provided for on such schedule; provided, however, that the failure of any Lender to make such a notation or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule error therein shall not affect any the obligation of the Borrower to repay the Loans made by such Lender in accordance with the terms of this Agreement and the applicable Notes. (d) Upon receipt of an affidavit and indemnity of a Lender as to the loss, theft, destruction or mutilation of such Lender’s or Note and upon cancellation of such Note, the Borrower will issue, in lieu thereof, a replacement Note in favor of such Lender, in the same principal amount thereof and otherwise of like tenor at no expense to the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of If requested by a Lender, the Loans made by such Lender shall each be evidenced by a single promissory note Note of the Borrower in substantially the form of Exhibit ABorrower, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, Agreement or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In Upon request from a Lender and upon the return of the Note issued to it, or in the case of any loss, theft or destruction of any such Note, a lost note affidavit in customary form, in the event that any such Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each such Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed recorded by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note. Upon request of the Borrower, promptly following Payment in Full, each Lender shall return to the Borrower any Note issued to it, or in the case of any loss, theft or destruction of any such Note, a lost note affidavit in customary form.

Notes. Upon request of a Lender, the The Loans made by such each Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit AA-1, with respect to Revolving Loans, and (i) Exhibit A-2 with respect to Term Loans, as applicable. Each such Note shall be dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to the order of such Lender in a principal amount equal to its Commitment, its Term Loan Commitment as in effect on such date, and otherwise duly completed. In the event that If any Revolving Lender’s 's Commitment increases or decreases for any reason (whether pursuant to Section 2.062.05, Section 12.04(b13.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to the order of such Revolving Lender in a principal amount equal to its Commitment Commitment, after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s 's or the Borrower’s 's rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon If a Lender shall make a written request of to the Administrative Agent and the Borrower to have its Loans evidenced by a Note, then, for each such Lender, the Loans made by such Lender Borrower shall be evidenced by execute and deliver a single promissory note Note of the Borrower in substantially the form of Exhibit Adated, and (i) in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, Agreement or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In Upon request from a Lender, in the event that any such Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall may be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed recorded by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure ; provided that the failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a Lender, the The Loans made by such each Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to the order of such Lender in a principal amount equal to its Commitment (or, following the Effective Date, its Loan) as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to the order of such Lender (or at the option of each Lender, a modification of the existing Note payable to the order of such Lender) in a principal amount equal to its Commitment (or, following the Effective Date, its Loan) after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of If requested in writing by a Lender, the Loans made by such Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, Agreement or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such the Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that the Maximum Credit Amount of any Lender’s Commitment Lender whose Loans are evidenced by a Note increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), upon the Borrower shall, upon prior written request of such Lender, the Borrower shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such the Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each LenderLender whose Loans are evidenced by a Note, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request of a Lender, the Loans (a) The Tranche A Advances made by such the Lender shall be evidenced by a single promissory note of the Borrower ReadyCap substantially in substantially the form of Exhibit AA-1 hereto (the “Tranche A Note”), and (i) in the case of any Lender party hereto as of dated the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each casehereof, payable to such the Lender in a principal amount equal to its Commitment the amount of $187,000,000 as in effect on such datefrom time to time, and otherwise duly completed. In The Lender shall have the event that any Lender’s Commitment increases or decreases right to have its Tranche A Note subdivided, by exchange for any reason (whether pursuant to Section 2.06, Section 12.04(b) promissory notes of lesser denominations or otherwise. (b) The Tranche B Advances made by the Lender shall be evidenced by a single promissory note of S▇▇▇▇▇▇▇▇▇ substantially in the form of Exhibit A-2 hereto (the “Tranche B Note”), dated the Borrower shalldate hereof, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such the Lender in a principal amount equal to its Commitment after giving the amount of $63,000,000 as in effect from time to such increase or decreasetime, and otherwise duly completed. The Lender shall have the right to have its Tranche B Note subdivided, against return to the Borrower by exchange for promissory notes of the Note so replaced. lesser denominations or otherwise. (c) The date, amount, Type, amount and interest rate and, if applicable, Interest Period of each Loan Advance made by each Lenderthe Lender to the Borrowers, and all payments each payment made on account of the principal thereof, shall be recorded by such the Lender on its books for its Note, and, prior to any transfertransfer of a Note, may be endorsed by such the Lender on a the schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure thereof; provided that the failure of the Lender to make any such notation recordation or to attach a schedule endorsement shall not affect the obligations of the Borrowers to make a payment when due of any Lender’s amount owing hereunder or under the Borrower’s rights or obligations Note in respect of such Loans or affect the validity of such transfer by any Lender of its NoteAdvances.

Notes. Upon request of If requested by a Lender, the Loans made by such Lender shall each be evidenced by a single promissory note Note of the Borrower in substantially the form of Exhibit ABorrower, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) any Lender that becomes a party hereto in connection with an increase in the case of Aggregate Elected Commitments pursuant to Section 2.06(c) or (iii) any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In Upon request from a Lender and upon the return of the Note issued to it, or in the case of any loss, theft or destruction of any such Note, a lost note affidavit in customary form, in the event that any such Lender’s Commitment Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each such Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed recorded by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note. Upon request of the Borrower, promptly following Payment in Full, each Lender shall return to the Borrower any Note issued to it, or in the case of any loss, theft or destruction of any such Note, a lost note affidavit in customary form.

Notes. Upon the request of a Lender, the Loans made by such Lender shall be evidenced by a single promissory note Revolving Credit Note of the Borrower in substantially the form of Exhibit A, and dated (i) as of the Effective Date in the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated (ii) as of the effective date of this Agreement, (ii) the Assignment and Assumption in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment Assumption and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Aggregate Elected Commitment Amounts pursuant to Section 2.06(c), as of the effective date of such increase, in each case, case payable to such Lender in a principal amount equal to its Commitment Maximum Revolving Credit Amount as in effect on such date, date and otherwise duly completed. In the event that any Lender’s Commitment Maximum Revolving Credit Amount increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon the request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to such Lender in a principal amount equal to its Commitment Maximum Revolving Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against and such Lender shall promptly return to the Borrower of the previously issued Note so replacedheld by such Lender. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, respectively, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender’s Revolving Credit Note. Failure to make any such notation or to attach a schedule recordation shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such any transfer by any Lender of its Revolving Credit Note.

Notes. Upon request of a Lender, the The Loans made by such each Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) dated, in the case of (i) any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, or (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to the order of such Lender in a principal amount equal to its Commitment Maximum Credit Amount as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment 's Maximum Credit Amount increases or decreases for any reason (whether pursuant to Section 2.062.05, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, shall deliver or cause to be delivered on the effective date of such increase or decrease, a new Note payable to the order of such Lender in a principal amount equal to its Commitment Maximum Credit Amount after giving effect to such increase or decrease, and otherwise duly completed, against return . In the event that the principal amount of the Loans outstanding at any time are greater than the total Maximum Credit Amount Borrower shall from time to time deliver or cause to be delivered on any such date a new Note payable to the Borrower order of each Lender in a principal amount equal to the sum of (i) its Maximum Credit Amount plus (ii) the Applicable Percentage of the Note so replacedamount by which the Loans exceed the Maximum Credit Amount at such time, and otherwise duly completed. The date, amount, Type, interest rate and, if applicable, Interest Period date and amount of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s 's or the Borrower’s 's rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note.

Notes. Upon request (a) The Loans of a Lender, the Loans made by such Lender each Bank shall be evidenced by a single promissory note Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate amount of such Bank's Commitment. (b) Each Bank may, by notice to the Borrower, the Lead Agent and the Co-Lead Agent, request that its Loans of a particular type (including Money Market Loans) be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Any additional costs incurred by the Lead Agent, the Borrower or the Banks in connection with preparing such a Note shall be at the sole cost and expense of the Borrower Bank requesting such Note. In the event any Loans evidenced by such a Note are paid in full prior to the Maturity Date, any such Bank shall return such Note to Borrower. Each such Note shall be in substantially the form of Exhibit A, A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Upon the execution and (i) in the case delivery of any Lender party hereto as of the date of this Agreementsuch Note, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date of such increase, in each case, payable to such Lender in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender, deliver or cause to be delivered on the effective date of such increase or decrease, a new existing Note payable to such Lender Bank shall be replaced or modified accordingly. Each reference in a principal amount equal this Agreement to its Commitment after giving effect the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.1(a), the Lead Agent shall forward such Note to such increase or decrease, and otherwise duly completed, against return to Bank. Each Bank shall record the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period type and maturity of each Loan made by it and the date and amount of each Lenderpayment of principal made by the Borrower with respect thereto, and all payments made on account may, if such Bank so elects in connection with any transfer or enforcement of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior endorse on the appropriate schedule appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure Bank to make any such notation recordation or to attach a schedule endorsement shall not affect any Lender’s the obligations of the Borrower hereunder or under the Borrower’s rights or obligations in respect of such Loans or affect Notes. Each Bank is hereby irrevocably authorized by the validity of such transfer by any Lender Borrower so to endorse its Note and to attach to and make a part of its NoteNote a continuation of any such schedule as and when required. (d) The Committed Loans shall mature, and the principal amount thereof shall be due and payable, on the Maturity Date. (e) Each Money Market Loan included in any Money Market Borrowing shall mature, and the principal amount thereof shall be due and payable, together with accrued interest thereon, on the earlier to occur of (i) last day of the Interest Period applicable to such Borrowing or (ii) the Maturity Date. (f) There shall be no more than ten (10) Euro-Dollar Groups of Loans outstanding at any one time.

Notes. Upon request (a) The Revolving Loans made by each Lender shall be evidenced by a revolving note duly executed on behalf of the Borrowers, dated the Closing Date, in substantially the form attached hereto as EXHIBIT B-1, payable to the order of each such Lender in an aggregate principal amount equal to such Lender's Commitment. (b) The Swingline Loans made by the Swingline Lender shall be evidenced by a swingline note duly executed on behalf of the Borrowers, dated the Closing Date, in substantially the form attached hereto as EXHIBIT B-2 payable to the order of the Swingline Lender in an aggregate principal amount equal to $9,500,000. (c) Each Note shall bear interest from the date thereof on the outstanding principal balance thereof as set forth in this Article II. Each Lender is hereby authorized by the Borrowers to endorse on a schedule attached to each Note delivered to such Lender (or on a continuation of such schedule attached to such Note and made a part thereof), or otherwise to record in such Lender's internal records, an appropriate notation evidencing the date and amount of each Loan from such Lender, each payment and prepayment of principal of any such Loan, each payment of interest on any such Loan and the other information provided for on such schedule; provided, however, that the failure of any Lender to make such a notation or any error therein shall not affect the obligation of the Borrowers to repay the Loans made by such Lender shall be evidenced by a single promissory note of in accordance with the Borrower in substantially the form of Exhibit A, and (i) in the case of any Lender party hereto as of the date terms of this AgreementAgreement and the applicable Notes. (d) Upon receipt of an affidavit of a Lender as to the loss, such Note shall be dated as of the date of this Agreementtheft, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, destruction or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective date mutilation of such increaseLender's Note and upon cancellation of such Note, the Borrowers will issue, in each caselieu thereof, payable to such Lender a replacement Note in a principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request favor of such Lender, deliver or cause to be delivered on in the effective date of such increase or decrease, a new Note payable to such Lender in a same principal amount equal to its Commitment after giving effect to such increase or decrease, thereof and otherwise duly completed, against return to the Borrower of the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Notelike tenor.

Notes. (a) Upon the request of a any applicable Lender, the Loans Borrowers shall execute and deliver to such Lender a separate Note for each applicable Term Loan, Multi-Draw Term Loan or Revolving Loan, each dated as of the Effective Date, or, if later, the date of such request, in the principal amount of such Lender’s Percentage of such Commitment or Loan, as applicable. Upon the request of any applicable Lender, the Borrowers shall execute and deliver to such Lender a separate Note for each applicable Incremental Term Loan Facility, each dated as of the closing date of such Incremental Term Loan Facility, or, if later, the date of such request, in the principal amount of such Lender’s Percentage of such Incremental Term Loan Commitment or Incremental Term Loan, as applicable. Upon Swingline Lender’s request, the Borrowers shall execute and deliver to Swingline Lender a Swingline Note, dated as of the Effective Date, or, if later, the date of such request, in the amount of the Swingline Commitment. (b) The Notes issued to each Lender pursuant to clause (a) shall (i) be executed by the Borrowers, (ii) be payable to the order of such Lender or such Lender’s assigns, (iii) be in the stated principal amount equal to the Loan made by such Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A, and (i) in the case of any Lender party hereto as of the date of this Agreement, such Note shall be dated as of the date of this Agreement, (ii) in the case of any Lender that becomes a party hereto pursuant to an Assignment and Assumption, such Note shall be dated as of the effective date of the Assignment and Assumption, or (iii) in the case of any Lender that becomes a party hereto in connection with an increase in the Total Commitment pursuant to Section 2.06(c), as of the effective on date of such increase, in each case, payable to such Lender in a Note or the principal amount equal to its Commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s Commitment increases or decreases for any reason (whether pursuant to Section 2.06, Section 12.04(b) or otherwise), the Borrower shall, upon request of such Lender’s pro rata share of the applicable Commitment, deliver or cause to (iv) be delivered on the effective date of such increase or decreasepayable as provided in Section 3.1, a new Note payable to such Lender (v) accrue interest as provided in a principal amount equal to its Commitment after giving effect to such increase or decrease, Section 3.2 and otherwise duly completed, against return (vi) be entitled to the Borrower benefits of this Agreement and the Note so replaced. The date, amount, Type, interest rate and, if applicable, Interest Period other Loan Documents. (c) Each Lender shall record in its records the amount and date of each Loan made by each Lendersuch Lender to the Borrowers (including the outstanding principal amount of the Term Loans as of the Effective Date which Loans were advanced under the Existing Credit Agreement and continued as Loans under this Agreement), and all payments made on account each repayment of such Lender’s Loans. The aggregate unpaid principal amount so recorded shall, absent manifest error, be conclusive evidence of the principal thereof, shall be recorded by amount of the Loan owing and unpaid. The failure to so record any such Lender on its books for its Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Note amount or any continuation thereof or on any separate record maintained by such Lender. Failure to make error in so recording any such notation amount shall not, however, limit or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or otherwise affect the validity Obligations of such transfer by the Borrowers hereunder or under any Lender Note to repay the principal amount of its Noteall Loans hereunder, together with interest accruing thereon.