Common use of Relation to the Agreements Clause in Contracts

Relation to the Agreements. a. Except as otherwise expressly stated in this Letter, nothing in this Letter shall alter, amend or waive any provision, term or condition of any of the Program Documents. b. The performance by Company of any obligation in this Letter shall be deemed to be performance with respect to participation in the Program. The rules of construction set forth in the Program Agreement shall apply to this Letter. 272152880v.3 c. This Letter supersedes and replaces, as of the date first set forth above, the terms of the letter agreement dated as of July 28, 2021 between Bank and Company. d. The terms of this Letter shall remain in effect until the earlier of (i) October 31, 2021, or (ii) the closing of the new warehouse credit facility related to the Receivables (such earlier date, the “Letter Expiration Date”). The period between the date first set forth above and the Letter Expiration Date is referred to as the “Letter Effective Period.”

Relation to the Agreements. a. Except as otherwise expressly stated in this Letter, nothing in this Letter shall alter, amend or waive any provision, term or condition of any of the Program Documents. b. The performance by Company of any obligation in this Letter shall be deemed to be performance with respect to participation in the Program. The rules of construction set forth in the Program Agreement shall apply to this Letter. 272152880v.3. c. This Letter supersedes and replaces, as of the date first set forth above, the terms of the letter agreement dated as of July 28October 29, 2021 between Bank and Company. d. The terms of this Letter shall remain in effect until the earlier of (i) October December 31, 2021, or (ii) the closing of the new warehouse credit facility related to the Receivables (such earlier date, the “Letter Expiration Date”). The period between the date first set forth above and the Letter Expiration Date is referred to as the “Letter Effective Period.”

Relation to the Agreements. a. Except as otherwise expressly stated in this Letter, nothing in this Letter shall alter, amend or waive any provision, term or condition of any of the Program Documents. b. The performance by Company of any obligation in this Letter shall be deemed to be performance with respect to participation in the Program. The rules of construction set forth in the Program Agreement shall apply to this Letter. 272152880v.3. c. This Letter supersedes and replaces, as of the date first set forth above, the terms of the letter agreement dated as of July 28, 2021 between Bank and Company.Company 272152880v.3 d. The terms of this Letter shall remain in effect until the earlier of (i) October 31November 30, 2021, or (ii) the closing of the new warehouse credit facility related to the Receivables (such earlier date, the “Letter Expiration Date”). The period between the date first set forth above and the Letter Expiration Date is referred to as the “Letter Effective Period.”