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. (a) On and after the First Amendment Effective Date, (i) each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Credit Documents and the Related Agreements to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment. This Amendment is hereby designated as a Credit Document for all purposes of the Credit Documents. (b) Except as expressly set forth herein, no other amendments, changes or modifications to the Credit Agreement and each other Credit Document are intended or implied, and in all other respects the Credit Agreement and each other Credit Document are and shall continue to be in full force and effect and are hereby in all respects specifically ratified, restated and confirmed by all parties hereto as of the First Amendment Effective Date and Company shall not be entitled to any other further amendment by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendment. To the extent of conflict between the terms of this Amendment and the other Credit Documents, the terms of this Amendment shall control. The Credit Agreement and this Amendment shall be read and construed as one agreement. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender, Administrative Agent or Agent under the Credit Agreement, nor constitute a waiver of any provision of the Credit Agreement.

Reference to and Effect on the Credit Agreement and the Other Credit Documents. (a) On and after the First Amendment Effective Date, (i) each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Credit Documents and the Related Agreements to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment. This Amendment is hereby designated as a Credit Document for all purposes of the Credit Documents. (b) Except as expressly set forth herein, no other amendments, changes or modifications to the Credit Agreement and each other Credit Document are intended or implied, and in all other respects the Credit Agreement and each other Credit Document are and shall continue to be in full force and effect and are hereby in all respects specifically ratified, restated and confirmed by all parties hereto as of the First Amendment Effective Date and Company shall not be entitled to any other further amendment by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendment. To the extent of conflict between the terms of this Amendment and the other Credit Documents, the terms of this Amendment shall control. The Credit Agreement and this Amendment shall be read and construed as one agreement. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender, Administrative Agent or Agent under the Credit Agreement, nor constitute a waiver of any provision of the Credit Agreement.

Reference to and Effect on the Credit Agreement and the Other Credit Documents. (a) On and after the First Second Amendment Effective Date, (i) each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Credit Documents and the Related Agreements to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment. This Amendment is hereby designated as a Credit Document for all purposes of the Credit Documents. (b) Except as expressly set forth herein, no other amendments, changes or modifications to the Credit Agreement and each other Credit Document are intended or implied, and in all other respects the Credit Agreement and each other Credit Document are and shall continue to be in full force and effect and are hereby in all respects specifically ratified, restated and confirmed by all parties hereto as of the First Second Amendment Effective Date and Company shall not be entitled to any other further amendment by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendment. To the extent of conflict between the terms of this Amendment and the other Credit Documents, the terms of this Amendment shall control. The Credit Agreement and this Amendment shall be read and construed as one agreement. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender, the Administrative Agent, the Collateral Agent or the Paying Agent under the Credit Agreement, nor constitute a waiver of any provision of the Credit Agreement.

Reference to and Effect on the Credit Agreement and the Other Credit Documents. (a) On and after the First Third Amendment Effective Date, (i) each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Credit Documents and the Related Agreements to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment. This Amendment is hereby designated as a Credit Document for all purposes of the Credit Documents. (b) Except as expressly set forth herein, no other amendments, changes or modifications to the Credit Agreement and each other Credit Document are intended or implied, and in all other respects the Credit Agreement and each other Credit Document are and shall continue to be in full force and effect and are hereby in all respects specifically ratified, restated and confirmed by all parties hereto as of the First Third Amendment Effective Date and Company shall not be entitled to any other further amendment by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendment. To the extent of conflict between the terms of this Amendment and the other Credit Documents, the terms of this Amendment shall control. The Credit Agreement and this Amendment shall be read and construed as one agreement. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender, the Administrative Agent, the Collateral Agent or the Paying Agent under the Credit Agreement, nor constitute a waiver of any provision of the Credit Agreement.

Reference to and Effect on the Credit Agreement and the Other Credit Documents. (ai) The Borrower hereby agrees and confirms that on and after the First 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 all "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 First Amendment Effective Date, (i) each reference in the Credit Agreement to “"this Agreement”", “"hereunder”", “"hereof” ", "herein" or words of like import referring to the Credit Agreement, and each reference in the other Credit Documents and to the Related Agreements to “the "Credit Agreement”", “"thereunder”", “"thereof” " or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Amended Agreement, as amended by this Amendment. This Amendment is hereby designated as a Credit Document for all purposes . (iii) The Borrower acknowledges and agrees that any of the Credit Documents. (b) Except as expressly set forth herein, no other amendments, changes Documents to which it is a party or modifications to the Credit Agreement and each other Credit Document are intended or implied, and in all other respects the Credit Agreement and each other Credit Document are and otherwise bound shall continue to be in full force and effect effect, and are hereby in ratified and confirmed, and that all respects specifically ratified, restated of its respective obligations thereunder shall be valid and confirmed by all parties hereto as of the First Amendment Effective Date enforceable and Company shall not be entitled to any other further amendment impaired, limited or otherwise affected by virtue of the provisions execution, delivery or effectiveness of this Amendment or with respect to any future amendment or modification of the subject matter of this Amendment. To the extent of conflict between the terms of this Amendment and the other Credit Documents, the terms of this Amendment shall control. The Credit Agreement and this Amendment shall be read and construed as one agreementAmended Agreement. (civ) The execution, delivery and effectiveness performance of this Amendment shall not, except as expressly provided hereinherein or therein, constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of any Lender, Administrative the Agent or Agent under any Bank under, the Credit Agreement, nor constitute a waiver of Agreement or any provision of the other Credit AgreementDocuments.

Reference to and Effect on the Credit Agreement and the Other Credit Documents. (ai) On and after the First Third Amendment Effective Date, (i) each reference in the Credit Agreement to “this AgreementAmendment”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Credit Documents and to the Related Agreements to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, Agreement as amended by this Amendment. This Amendment is hereby designated as a Credit Document for all purposes of the Credit Documents. (bii) Except as expressly Without limiting any of the amendments to the Credit Agreement or the Pledge and Security Agreement set forth herein, no (A) for purposes of the appointment of WFCF as Administrative Agent, any references to GSCP in the other amendmentsCredit Documents and any Schedules and Exhibits to any of the Credit Documents that refer to GSCP shall be deemed and each such reference shall be amended to mean WFCF and (B) for purposes of the appointment of WFCF as Collateral Agent, changes or modifications any references to JPM in the other Credit Documents and any Schedules and Exhibits to any of the Credit Documents that refer to JPM shall be deemed and each such reference shall be amended to mean WFCF. (iii) Except as specifically amended by this Amendment, the Credit Agreement and each the other Credit Document are intended or implied, and in all other respects the Credit Agreement and each other Credit Document are and Documents shall continue to be remain in full force and effect and are hereby in all respects specifically ratified, restated ratified and confirmed by all parties hereto as of the First Amendment Effective Date and Company shall not be entitled to any other further amendment by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendment. To the extent of conflict between the terms of this Amendment and the other Credit Documents, the terms of this Amendment shall control. The Credit Agreement and this Amendment shall be read and construed as one agreementconfirmed. (civ) The execution, delivery and effectiveness performance of this Amendment shall notnot constitute a waiver of any provision of, except as expressly provided herein, or operate as a waiver of any right, power or remedy of any Lender, Administrative Agent or Agent under Lender under, the Credit Agreement, nor constitute a waiver of Agreement or any provision of the other Credit AgreementDocuments.

Reference to and Effect on the Credit Agreement and the Other Credit Documents. (a) On and after the First Fourth Amendment Effective Date, (ia) each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof” or words of like import referring to the Credit Agreement, and each reference in the Credit Documents and the Related Agreements to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, as amended by this Amendment. This Fourth Amendment is hereby designated as a Credit Document for and (b) all purposes references in each of the Credit DocumentsDocuments referring to the Credit Agreement shall be deemed to be a reference to the Credit Agreement, as amended by this Fourth Amendment. (b) Except as expressly set forth herein, no other amendments, changes or modifications to the The Credit Agreement and each of the other Credit Document are intended or impliedDocuments, and in all other respects the Credit Agreement and each other Credit Document as specifically amended by this Fourth Amendment, are and shall continue to be in full force and effect and are hereby in all respects specifically ratified, restated ratified and confirmed by all parties hereto as confirmed. Without limiting the generality of the First Amendment Effective Date foregoing, the Collateral Documents and Company shall not be entitled to any other further amendment by virtue all of the provisions Collateral described therein do and shall continue to secure the payment of all Obligations of the Credit Parties, as amended by this Amendment or with respect to the subject matter of this Fourth Amendment. To the extent of conflict between the terms of this Amendment and the other Credit Documents, the terms of this Amendment shall control. The Credit Agreement and this Amendment shall be read and construed as one agreement. (c) The execution, delivery and effectiveness of this Fourth Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender, Lender or the Administrative Agent or Agent under any of the Credit AgreementDocuments, nor constitute a waiver of any provision of any of the Credit AgreementDocuments. (d) On and after the effectiveness of this Fourth Amendment, this Fourth Amendment shall constitute a “Credit Document” for all purposes of the Credit Agreement and the other Credit Documents.

Reference to and Effect on the Credit Agreement and the Other Credit Documents. (a) On and after the First Amendment No. 8 Effective Date, (i) each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Credit Documents and the Related Agreements to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment. This Amendment is hereby designated as a Credit Document for all purposes of the Credit Documents. (b) Except as expressly set forth herein, no other amendments, changes or modifications to the Credit Agreement and each other Credit Document are intended or implied, and in all other respects the Credit Agreement and each other Credit Document are and shall continue to be in full force and effect and are hereby in all respects specifically ratified, restated and confirmed by all parties hereto as of the First Amendment No. 8 Effective Date and Company shall not be entitled to any other further amendment by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendment. To the extent of conflict between the terms of this Amendment and the other Credit Documents, the terms of this Amendment shall control. The Credit Agreement and this Amendment shall be read and construed as one agreement. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender, Administrative Agent or Agent under the Credit Agreement, nor constitute a waiver of any provision of the Credit Agreement.

Reference to and Effect on the Credit Agreement and the Other Credit Documents. (a) On and after the First Fourth Amendment Effective Date, (i) each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Credit Documents and the Related Agreements to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment. This Amendment is hereby designated as a Credit Document for all purposes of the Credit Documents. (b) Except as expressly set forth herein, no other amendments, changes or modifications to the Credit Agreement and each other Credit Document are intended or implied, and in all other respects the Credit Agreement and each other Credit Document are and shall continue to be in full force and effect and are hereby in all respects specifically ratified, restated and confirmed by all parties hereto as of the First Fourth Amendment Effective Date and Company shall not be entitled to any other further amendment by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendment. To the extent of conflict between the terms of this Amendment and the other Credit Documents, the terms of this Amendment shall control. The Credit Agreement and this Amendment shall be read and construed as one agreement. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender, the Administrative Agent, the Collateral Agent or the Paying Agent under the Credit Agreement, nor constitute a waiver of any provision of the Credit Agreement.

Reference to and Effect on the Credit Agreement and the Other Credit Documents. (a) On and after the First Second Amendment Effective Date, (i) each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Credit Documents and the Related Agreements to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment. This Amendment is hereby designated as a Credit Document for all purposes of the Credit Documents. (b) Except as expressly set forth herein, no other amendments, changes or modifications to the Credit Agreement and each other Credit Document are intended or implied, and in all other respects the Credit Agreement and each other Credit Document are and shall continue to be in full force and effect and are hereby in all respects specifically ratified, restated and confirmed by all parties hereto as of the First Second Amendment Effective Date and Company shall not be entitled to any other further amendment by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendment. To the extent of conflict between the terms of this Amendment and the other Credit Documents, the terms of this Amendment shall control. The Credit Agreement and this Amendment shall be read and construed as one agreement. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender, Administrative Agent or Agent under the Credit Agreement, nor constitute a waiver of any provision of the Credit Agreement.