Common use of Reference to and Effect on the Credit Agreement and the Other Credit Documents Clause in Contracts

Reference to and Effect on the Credit Agreement and the Other Credit Documents. 5.1 Upon the effectiveness of this Amendment, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein" or words of like import, and each reference in each of the other Credit Documents to the "Credit Agreement" shall in each case mean and be a reference to the Credit Agreement as amended hereby. 5.2 Except as expressly set forth herein, (i) the execution and delivery of this Amendment shall in no way affect any of the respective rights, powers or remedies of Agent or any of the Lenders with respect to any Default or Event of Default nor constitute a waiver of any provision of the Credit Agreement or any of the other Credit Documents and (ii) all of the respective terms and provisions of the Credit Agreement, the other Credit Documents and all other documents, instruments, amendments and agreements executed and/or delivered by Borrower pursuant thereto or in connection therewith shall remain in full force and effect and are hereby ratified and confirmed in all respects. The execution and delivery of this Amendment by Agent and the respective Lenders shall in no way obligate Agent or any of the Lenders, at any time hereafter, to consent to any other amendment or modification of any term or provision of the Credit Agreement or any of the other Credit Documents, whether of a similar or different nature. 5.3 Borrower (and each other Credit Party which executed an acknowledgement hereof, by such execution), in its respective capacities under the each of the Credit Documents to which it is a party (including the capacities of obligor, grantor, mortgagor, pledgor, guarantor, indemnitor and assignor, as applicable, and each other similar capacity, if any, in which such Credit Party has granted Liens on all or any part of the properties or assets of such Credit Party, or otherwise acts as an accommodation party, guarantor, indemnitor or surety with respect to all or any part of the Obligations), hereby (a) agrees that, except as otherwise expressly set forth herein, the terms and provisions hereof shall not affect in any way any payment, performance, observance or other obligations or liabilities of such Credit Party under the Credit Agreement or any of the other Credit Documents, all of which obligations and liabilities shall remain in full force and effect and extend to the further loans, extensions of credit and other Obligations provided for thereunder, and each of which obligations and liabilities are hereby ratified, confirmed and reaffirmed in all respects; and (b) to the extent such Credit Party has granted Liens on any of its properties or assets pursuant to any of the Credit Documents to secure the prompt and complete payment, performance and/or observance of all or any part of the Obligations, acknowledges, ratifies, confirms and reaffirms such grant of Liens, and acknowledges and agrees that all of such Liens are intended and shall be deemed and construed to secure to the fullest extent set forth therein all now existing and hereafter arising Obligations under and as defined in this Credit Agreement, as amended, restated, supplemented and otherwise modified and in effect from time to time.

Reference to and Effect on the Credit Agreement and the Other Credit Documents. 5.1 4.1 Upon the effectiveness of this Amendment, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein" or words of like import, and each reference in each of the other Credit Documents to the "Credit Agreement" shall in each case mean and be a reference to the Credit Agreement as amended hereby. 5.2 4.2 Except as expressly set forth herein, (iA) the execution and delivery of this Amendment shall in no way affect any of the respective rights, powers or remedies of the Agent or any of the Lenders with respect to any Default or Event of Default nor constitute a waiver of any provision of the Credit Agreement or any of the other Credit Documents and (iiB) all of the respective terms and provisions of the Credit Agreement, the other Credit Documents and all other documents, instruments, amendments and agreements executed and/or delivered by Borrower any of the Borrowers and/or the Funds Administrator pursuant thereto or in connection therewith shall remain in full force and effect and are hereby ratified and confirmed in all respects. The execution and delivery of this Amendment by Agent and the respective Lenders shall in no way obligate the Agent or any of the Lenders, at any time hereafter, to consent to any other amendment or modification of any term or provision of the Credit Agreement or any of the other Credit Documents, whether of a similar or different nature. 5.3 4.3 Each Borrower (and each other Credit Party Party, if any, which executed an acknowledgement hereof, by such execution), in its respective capacities under the each of the Credit Documents to which it is a party (including the capacities of obligor, grantor, mortgagor, pledgor, guarantor, indemnitor and assignor, as applicable, and each other similar capacity, if any, in which such Credit Party has granted Liens on all or any part of the properties or assets of such Credit Party, or otherwise acts as an accommodation party, guarantor, indemnitor or surety with respect to all or any part of the Obligations), hereby (aA) agrees that, except as otherwise expressly set forth herein, that the terms and provisions hereof shall not affect in any way any payment, performance, observance or other obligations or liabilities of such Credit Party under the Credit Agreement or any of the other Credit Documents, all of which obligations and liabilities shall remain in full force and effect and extend to the further loans, extensions of credit and other Obligations provided for thereunder, and each of which obligations and liabilities are hereby ratified, confirmed and reaffirmed in all respects; and (bB) to the extent such Credit Party has granted Liens on any of its properties or assets pursuant to any of the Credit Documents to secure the prompt and complete payment, performance and/or observance of all or any part of the Obligations, acknowledges, ratifies, confirms and reaffirms such grant of Liens, and acknowledges and agrees that all of such Liens are intended and shall be deemed and construed to secure to the fullest extent set forth therein all now existing and hereafter arising Obligations under and as defined in this Credit Agreement, as amended, restated, supplemented and otherwise modified and in effect from time to time; and (C) acknowledges and agrees that, as of the date hereof, Agent and each of the Lenders has fully performed all obligations to the respective Credit Parties.

Reference to and Effect on the Credit Agreement and the Other Credit Documents. 5.1 Upon (i) The Borrower hereby agrees and confirms that on and after the effectiveness Second Amendment Effective Date each Credit Document and all collateral encumbered thereby shall continue to secure to the fullest extent possible the payment and performance of this Amendmentall "Secured Obligations" (as defined in each applicable Credit Document), including without limitation the payment and performance of all such "Secured Obligations" in respect of the Obligations of the Borrower now or hereafter existing under or in respect of the Amended Agreement and the Notes. (ii) On and after the Second Amendment Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein" or words of like importimport referring to the Credit Agreement, and each reference in each of the other Credit Documents to the "Credit Agreement", "thereunder", "thereof" or words of like import referring to the Credit Agreement shall in each case mean and be a reference to the Credit Agreement as amended herebyAmended Agreement. 5.2 Except as expressly set forth herein(iii) The Borrower acknowledges and agrees that any of the Credit Documents to which it is a party or otherwise bound shall continue in full force and effect, and are hereby ratified and confirmed, and that all of its respective obligations thereunder shall be valid and enforceable and shall not be impaired, limited or otherwise affected by the execution, delivery or effectiveness of this Amendment or any future amendment or modification of the Amended Agreement. (iiv) the execution The execution, delivery and delivery performance of this Amendment shall in no way affect any of the respective rightsnot, powers except as expressly provided herein or remedies of Agent or any of the Lenders with respect to any Default or Event of Default nor therein, constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of the Credit Agreement or any of the other Credit Documents and (ii) all of the respective terms and provisions of the Credit Agreement, the other Credit Documents and all other documents, instruments, amendments and agreements executed and/or delivered by Borrower pursuant thereto or in connection therewith shall remain in full force and effect and are hereby ratified and confirmed in all respects. The execution and delivery of this Amendment by Agent and the respective Lenders shall in no way obligate Agent or any of the LendersBank under, at any time hereafter, to consent to any other amendment or modification of any term or provision of the Credit Agreement or any of the other Credit Documents, whether of a similar or different nature. 5.3 Borrower (and each other Credit Party which executed an acknowledgement hereof, by such execution), in its respective capacities under the each of the Credit Documents to which it is a party (including the capacities of obligor, grantor, mortgagor, pledgor, guarantor, indemnitor and assignor, as applicable, and each other similar capacity, if any, in which such Credit Party has granted Liens on all or any part of the properties or assets of such Credit Party, or otherwise acts as an accommodation party, guarantor, indemnitor or surety with respect to all or any part of the Obligations), hereby (a) agrees that, except as otherwise expressly set forth herein, the terms and provisions hereof shall not affect in any way any payment, performance, observance or other obligations or liabilities of such Credit Party under the Credit Agreement or any of the other Credit Documents, all of which obligations and liabilities shall remain in full force and effect and extend to the further loans, extensions of credit and other Obligations provided for thereunder, and each of which obligations and liabilities are hereby ratified, confirmed and reaffirmed in all respects; and (b) to the extent such Credit Party has granted Liens on any of its properties or assets pursuant to any of the Credit Documents to secure the prompt and complete payment, performance and/or observance of all or any part of the Obligations, acknowledges, ratifies, confirms and reaffirms such grant of Liens, and acknowledges and agrees that all of such Liens are intended and shall be deemed and construed to secure to the fullest extent set forth therein all now existing and hereafter arising Obligations under and as defined in this Credit Agreement, as amended, restated, supplemented and otherwise modified and in effect from time to time.

Reference to and Effect on the Credit Agreement and the Other Credit Documents. 5.1 Upon (i) On and after the effectiveness of this AmendmentFirst Amendment Effective Date, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein" ” or words of like importimport referring to the Credit Agreement, and each reference in each of the other Credit Documents to the "“Credit Agreement" ”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall in each case mean and be a reference to the Amended Credit Agreement as amended herebyAgreement. 5.2 (ii) Except as for the consent, waivers, amendments and modifications expressly set forth herein, (i) the execution and delivery of this Amendment shall in no way affect any of the respective rights, powers or remedies of Agent or any of the Lenders with respect to any Default or Event of Default nor constitute a waiver of any provision of the Credit Agreement or any of and the other Credit Documents and (ii) all of the respective terms and provisions of the Credit Agreement, the other Credit Documents and all other documents, instruments, amendments and agreements executed and/or delivered by Borrower pursuant thereto or in connection therewith shall remain unchanged and in full force and effect and are hereby ratified and confirmed in all respectsand this Amendment shall not be considered a novation. The execution consent, waivers, amendments and modifications set forth herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse any future non-compliance with the Credit Documents nor operate as a waiver of any Default or Event of Default, shall not operate as a consent to any further waiver, consent or amendment or other matter under the Credit Documents, and shall not be construed as an indication that any future waiver or amendment of covenants or any other provision of the Credit Agreement will be agreed to, it being understood that the granting or denying of any waiver or amendment which may hereafter be requested by the Administrative Borrower remains subject to the terms of the Credit Agreement. (iii) The execution, delivery and performance of this Amendment by Agent and the respective Lenders shall in no way obligate not, except as expressly provided herein, constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of any Agent or any of the LendersLender under, at any time hereafter, to consent to any other amendment or modification of any term or provision of the Credit Agreement or any of the other Credit Documents, whether of a similar or different nature. 5.3 Borrower (and each other iv) Each Credit Party which executed an acknowledgement hereof, by such execution), in its respective capacities under the each of the Credit Documents to which it is a party (including the capacities of obligor, grantor, mortgagor, pledgor, guarantor, indemnitor and assignor, as applicable, and each other similar capacity, if any, in which such Credit Party has granted Liens on all or any part of the properties or assets of such Credit Party, or otherwise acts as an accommodation party, guarantor, indemnitor or surety with respect to all or any part of the Obligations), hereby (aA) agrees that, except as otherwise expressly set forth herein, confirms that the terms and provisions hereof shall not affect in any way any payment, performance, observance or other obligations or liabilities of such Credit Party under the Amended Credit Agreement or any of (including with respect to the 2020 Incremental Term Loans) and the other Credit Documents, all of which obligations and liabilities shall remain in full force and effect and extend Documents (I) are entitled to the further loans, extensions benefits of credit the guarantees and the security interests set forth or created in the Security Documents and the other Obligations provided for thereunder, and each of which obligations and liabilities are hereby ratified, confirmed and reaffirmed in all respects; Credit Documents and (bII) to constitute Obligations, (B) ratifies and reaffirms the extent such Credit Party has granted Liens on any validity and enforceability of its properties or assets pursuant to any the guarantee obligations of the Credit Parties pursuant to the Security Documents and all of the Liens and security interests heretofore granted, pursuant to secure and in connection with the prompt and complete payment, performance and/or observance of all Security Documents or any part other Credit Document to the Collateral Agent, on behalf of and for the Obligationsbenefit of each Secured Party, acknowledges, ratifies, confirms as guarantees of and reaffirms such grant of Lienscollateral security for the obligations under the Credit Documents in accordance with their respective terms, and (C) acknowledges and agrees that all of such guarantees, Liens are intended and security interests, and all Collateral heretofore pledged as security for such obligations, shall not be impaired or adversely affected in any manner, and continue to guarantee and secured, and to remain collateral for such obligations from and after the date hereof (including, without limitation, from after giving effect to this Amendment). (v) This Amendment shall be deemed and construed to secure be a Credit Document. (vi) Upon the occurrence of the First Amendment Effective Date, each 2020 Incremental Lender that is not, prior to the fullest extent set forth therein all now existing and hereafter arising Obligations effectiveness of this Amendment, a “Lender” under and as defined in this the Credit Agreement, as amended(A) shall be a “Lender” for all purposes of the Amended Credit Agreement and the Credit Documents, restated(B) agrees to be bound by the terms and conditions of the Amended Credit Agreement and the other Credit Documents, supplemented and otherwise modified (C) will have all of the rights and in effect from time obligation of a “Lender” under the Amended Credit Agreement and the Credit Documents. (vii) This Amendment is not intended to timeconstitute, and does not constitute, a novation of the obligations and liabilities under the Credit Agreement (including the Obligations) or to evidence, and does not evidence, payment of all or any portion of such obligations and liabilities.