Common use of Ratification and Affirmation; Representations and Warranties Clause in Contracts

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respects, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower Guarantors and the Parent MLP Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, case such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower Guarantors and the Parent MLP Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Fourth Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, case such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower Guarantors and the Parent MLP Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Third Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, case such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP Credit Party hereby (a) acknowledges the terms of this Third Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Third Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respects (or, if already qualified by materiality, Material Adverse Effect or a similar qualification, true and correct in all respects), except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct in all material respects (or, if already qualified by materiality, Material Adverse Effect or a similar qualification, true and correct in all respects) as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower Guarantors and the Parent MLP Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Fifth Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, case such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the The Borrower and the Parent MLP hereby (a) acknowledges the terms of this Second Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby hereby; and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Second Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respects, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct in all material respects as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event event, development or events have circumstance has occurred which individually or in the aggregate has resulted in, or could reasonably be expected to have have, a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the The Borrower and the Parent MLP hereby (a) ratifies and affirms its respective obligations under, and acknowledges acknowledges, renews and extends its respective continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended or waived hereby hereby, notwithstanding the amendments contained herein and (b) represents and warrants to the Lenders that that, as of the date hereof, after giving effect to the terms of this First Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse EffectEffect shall have occurred.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP hereby (a) ratifies and affirms its each Loan Party’s obligations under, and acknowledges its each Loan Party’s continued liability under, each Loan Document to which it such Loan Party is a party and agrees that each Loan Document to which it any Loan Party is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Administrative Agent and Lenders that as of the date hereof, after giving effect to the terms of this First Amendmenthereof: (i) all of the representations and warranties contained in each Loan Document to which it any Loan Party is a party are true and correct in all material respectsrespects (unless otherwise qualified as to materiality), except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP Obligor hereby (a) acknowledges the terms of this First Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower Guarantors and the Parent MLP Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: (i) i. all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (, ii) . no Default or Event of Default has occurred and is continuing, and (and iii) . no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the The Borrower and the Parent MLP hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Fifth Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the The Borrower and the Parent MLP each Guarantor hereby (a) acknowledges the terms of this Agreement, (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First AmendmentAgreement: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectsrespects (except (A) the representation and warranty in Section 7.07(c) and (B) those which have a materiality qualifier, which shall be true and correct as so qualified), except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iiiii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP each Guarantor hereby (a) acknowledges the terms of this Seventh Amendment; (b) ratifies and affirms its obligations under, and acknowledges acknowledges, renews and extends its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended or waived modified hereby and (bc) represents and warrants to the Lenders that as of the date hereofSeventh Amendment Effective Date, after giving effect to the terms of this First Seventh Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event event, development or events circumstance have occurred which individually or in the aggregate could reasonably be expected to have be a Material Adverse EffectEvent.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP each Guarantor hereby (a) acknowledges the terms of this Fourth Amendment; (b) ratifies and affirms its obligations under, and acknowledges acknowledges, renews and extends its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended or waived hereby modified hereby, notwithstanding the amendments and modifications contained herein and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Fourth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event event, development or events circumstance have occurred which individually or in the aggregate could reasonably be expected to have be a Material Adverse EffectEvent.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived Execution Copy hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Second Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respects, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower Guarantors and the Parent MLP Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Third Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the The Borrower and the Parent MLP each Guarantor hereby (a) acknowledges the terms of this Agreement, (b) ratifies and affirms its obligations underobligations, and acknowledges its continued liability underliability, under each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, included as expressly may be amended or waived hereby hereby, and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First AmendmentAgreement: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectsrespects (except (A) the representation and warranty in Section 7.07(c) and (B) those which have a materiality qualifier, which shall be true and correct as so qualified), except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iiiii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP Obligor hereby (a) acknowledges the terms of this Seventh Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Seventh Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the The Borrower and the Parent MLP hereby (a) acknowledges the terms of this Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectsrespects (except those which have a materiality qualifier, which shall be true and correct as so qualified), except to the extent any such representations and warranties are Active.15380067.3 8 expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date,; (ii) no Default or Event of Default has occurred and is continuing, ; and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP each Guarantor hereby (a) acknowledges the terms of this Ninth Amendment; (b) ratifies and affirms its obligations under, and acknowledges acknowledges, renews and extends its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended or waived hereby modified hereby, notwithstanding the amendments and modifications contained herein and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Ninth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) since November 17, 2005, there has been no event event, development or events have occurred which individually circumstance that has had or in the aggregate could reasonably be expected to have a Material Adverse EffectEvent.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP each Guarantor hereby (a) acknowledges the terms of this Sixth Amendment; (b) ratifies and affirms its obligations under, and acknowledges acknowledges, renews and extends its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended or waived modified hereby and (bc) represents and warrants to the Lenders that as of the date hereofSixth Amendment Effective Date, after giving effect to the terms of this First Sixth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event event, development or events circumstance have occurred which individually or in the aggregate could reasonably be expected to have be a Material Adverse EffectEvent.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP Obligor hereby (a) acknowledges the terms of this Fifth Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Fifth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP Guarantors hereby (a) acknowledges the terms of this First Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respects, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the The Borrower and the Parent MLP each Guarantor hereby (a) acknowledges the terms of this Amendment, (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectsrespects (except those which have a materiality qualifier, which shall be true and correct as so qualified), except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iiiii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP each Guarantor hereby (a) acknowledges the terms of this Sixth Amendment; (b) ratifies and affirms its obligations under, and acknowledges acknowledges, renews and extends its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended or waived hereby modified hereby, notwithstanding the amendments and modifications contained herein and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Sixth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) since November 17, 2005, there has been no event event, development or events have occurred which individually circumstance that has had or in the aggregate could reasonably be expected to have a Material Adverse EffectEvent.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower Parent Guarantor and the Parent MLP Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Second Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the The Borrower and the Parent MLP hereby (a) ratifies and affirms its obligations under, and acknowledges acknowledges, renews and extends its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended or waived hereby hereby; and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respects, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, date and (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP Guarantor hereby (a) ratifies and affirms its respective obligations under, and acknowledges acknowledges, renews and extends its respective continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended or waived hereby hereby, notwithstanding the amendments contained herein and (b) represents and warrants to the Lenders that that, as of the date hereof, after giving effect to the terms of this First Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse EffectEffect shall have occurred.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP hereby Credit Party hereby: (a) acknowledges the terms of this Second Amendment, (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms execution of this First Second Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respects (or, if already qualified by materiality, Material Adverse Effect or a similar qualification, true and correct in all respects), except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct in all material respects (or, if already qualified by materiality, Material Adverse Effect or a similar qualification, true and correct in all respects) as of such specified earlier date, date and (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP each Guarantor hereby (a) ratifies and affirms its respective obligations under, and acknowledges acknowledges, renews and extends its respective continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended or waived hereby hereby, notwithstanding the amendments contained herein and (b) represents and warrants to the Lenders that that, as of the date hereof, after giving effect to the terms of this First Tenth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse EffectEffect has occurred.

Ratification and Affirmation; Representations and Warranties. Each of the The Borrower and the Parent MLP hereby (a) acknowledges the terms of this First Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: (i) all of the representations and warranties contained made by it in each Loan Document to which it is a party are true and correct in all material respectsrespects (except those which have a materiality qualifier, which shall be true and correct as so qualified), except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the The Borrower and the Parent MLP hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Sixth Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the The Borrower and the Parent MLP hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Fourth Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower Guarantors and the Parent MLP Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Fourth Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP each Guarantor hereby (a) ratifies and affirms its respective obligations under, and acknowledges acknowledges, renews and extends its respective continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended or waived hereby hereby, notwithstanding the amendments contained herein and (b) represents and warrants to the Lenders that that, as of the date hereof, after giving effect to the terms of this First Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse EffectEffect shall have occurred.

Ratification and Affirmation; Representations and Warranties. Each of the The Borrower and the Parent MLP hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Third Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) other than the posting of margin under the Hess Agreement, no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP each Guarantor hereby (a) ratifies and affirms its respective obligations under, and acknowledges acknowledges, renews and extends its respective continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended or waived hereby hereby, notwithstanding the amendments contained herein and (b) represents and warrants to the Lenders that that, as of the date hereof, after giving effect to the terms of this First Fourth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse EffectEffect shall have occurred.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP Credit Party hereby (a) acknowledges the terms of this Twelfth Amendment; (b) ratifies and affirms (i) its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby hereby, and (bii) that the Liens created by the Loan Documents to which it is a party are valid and continuing and secure the Obligations in accordance with the terms thereof, after giving effect to this Twelfth Amendment; and (c) represents and warrants to the Lenders that on and as of the date hereof, and immediately after giving effect to the terms of this First Amendment: Twelfth Amendment (i) all of the representations and warranties of the Borrower and the Guarantors contained in each the Loan Document to which it is a party Documents are true and correct in all material respects, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct in all material respects as of such specified earlier date, , and (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP each Guarantor hereby (a) acknowledges the terms of this Seventh Amendment; (b) ratifies and affirms its obligations under, and acknowledges acknowledges, renews and extends its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended or waived hereby modified hereby, notwithstanding the amendments and modifications contained herein and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Seventh Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) since November 17, 2005, there has been no event event, development or events have occurred which individually circumstance that has had or in the aggregate could reasonably be expected to have a Material Adverse EffectEvent.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower Parent Guarantor and the Parent MLP Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower The Company and the Parent MLP each Guarantor hereby (ai) acknowledges the terms of this Seventh Amendment; (ii) ratifies and affirms its obligations under, and acknowledges acknowledges, renews and extends its continued liability under, each Loan Transaction Document to which it is a party and agrees that each Loan Transaction Document to which it is a party remains in full force and effect effect, except as expressly amended or waived hereby hereby; and (biii) represents and warrants to the Lenders Purchasers that as of the date hereof, after giving effect to the terms of this First Seventh Amendment: : (iA) all of the representations and warranties contained in each Loan Transaction Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct correct, as of such specified earlier date, , (iiB) no Default or Event of Default has occurred and is continuingcontinuing and (C) since December 31, and (iii) 2002, there has been no event event, development or events have occurred which individually circumstance that has had or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP Obligor hereby (a) acknowledges the terms of this Second Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Second Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP hereby (a) ratifies and affirms its each Loan Party’s obligations under, and acknowledges its each Loan Party’s continued liability under, each Loan Document to which it such Loan Party is a party and agrees that each Loan Document to which it any Loan Party is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Administrative Agent and Lenders that as of the date hereof, after giving effect to the terms of this First Amendmenthereof: (i) 1. all of the representations and warranties contained in each Loan Document to which it any Loan Party is a party are true and correct in all material respectsrespects (unless otherwise qualified as to materiality), except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) 2. no Default or Event of Default has occurred and is continuing, and (iii) and 3. no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower Guarantors and the Parent MLP Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Second Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, case such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP each Guarantor hereby (a) acknowledges the terms of this Fourth Amendment; (b) ratifies and affirms its obligations under, and acknowledges acknowledges, renews and extends its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended or waived hereby modified hereby, notwithstanding the amendments and modifications contained herein and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Fourth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) since November 17, 2005, there has been no event event, development or events have occurred which individually circumstance that has had or in the aggregate could reasonably be expected to have a Material Adverse EffectEvent.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Second Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respects, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the The Borrower and the Parent MLP hereby (a) acknowledges the terms of this Second Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Second Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) other than the Designated Events, no Default or Event of Default has occurred and is continuing, continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower Borrower, Parent and the Parent MLP each Guarantor hereby (a) ratifies and affirms its respective obligations under, and acknowledges acknowledges, renews and extends its respective continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended hereby or waived hereby pursuant hereto, and (b) represents and warrants to the Lenders that that, as of the date hereof, after giving effect to the terms of this First Fifth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse EffectEffect shall have occurred.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower Initial Guarantor and the Parent MLP Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, case such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower Guarantors and the Parent MLP Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Second Amendment: (i) i. all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (, ii) . no Default or Event of Default has occurred and is continuing, and (and iii) . no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the The Borrower and the Parent MLP hereby (a) acknowledges the terms of this Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectsrespects Active.13964034.8 16 (except those which have a materiality qualifier, which shall be true and correct as so qualified), except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date,; (ii) no Default or Event of Default has occurred and is continuing, ; and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP Obligor hereby (a) acknowledges the terms of this Sixth Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Sixth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each Obligor hereby acknowledges the terms of the Borrower and the Parent MLP hereby (a) this Fourth Amendment; ratifies and affirms its obligations under, and acknowledges acknowledges, renews and extends its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended or waived hereby hereby, notwithstanding the amendments contained herein; and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Fourth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP Obligor hereby (a) acknowledges the terms of this Fourth Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Fourth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower Guarantors and the Parent MLP Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP Obligor hereby (a) acknowledges the terms of this Third Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Third Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower Guarantors and the Parent MLP Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, case such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and and 6 (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the The Borrower and the Parent MLP each Guarantor hereby (a) acknowledges the terms of this First Amendment, (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectsrespects (except those which have a materiality qualifier, which shall be true and correct as so qualified), except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iiiii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the The Borrower and the Parent MLP each Guarantor hereby (a) acknowledges the terms of this Second Amendment, (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Second Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectsrespects (except those which have a materiality qualifier, which shall be true and correct as so qualified), except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iiiii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower Parent Guarantor and the Parent MLP Borrower hereby (a) acknowledges the terms of this First Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Borrower and the Parent MLP each Guarantor hereby (a) ratifies and affirms its respective obligations under, and acknowledges acknowledges, renews and extends its respective continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended or waived hereby hereby, notwithstanding the amendments contained herein and (b) represents and warrants to the Lenders that that, as of the date hereof, after giving effect to the terms of this First Sixth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respectscorrect, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse EffectEffect shall have occurred.

Ratification and Affirmation; Representations and Warranties. Each of the The Borrower and the Parent MLP hereby (a) acknowledges the terms of this First Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby hereby; and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct in all material respects, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct in all material respects as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event event, development or events have circumstance has occurred which individually or in the aggregate has resulted in, or could reasonably be expected to have have, a Material Adverse Effect.