Representations and Warranties. The Borrower represents and warrants that the proceeds of the Term Loan have been and shall be used by the Borrower and its Subsidiaries in accordance with Paragraph 1(g) above. The Borrower hereby further agrees that the representations and warranties contained in [Article V] of the Incorporated Agreement (the “Incorporated Representations”) as such representation or warranty is in effect on the Closing Date are hereby incorporated by reference and shall be as binding on the Borrower as if fully set forth herein. Notwithstanding the above, with respect to the Incorporated Representations, # the representations and warranties contained in [Section 5.05] of the Incorporated Agreement shall be deemed to refer to the most recent statements furnished pursuant to [Section 6.01(a)] of the Incorporated Agreement, # the references to the “Closing Date” in [[Sections 5.05(b), 5.13]3]]3] and # and 5.15 of the Incorporated Agreement shall be deemed to refer to the Closing Date hereof, and # the reference to “Form 10-K for the year ended ​ in [Section 5.13] shall be deemed to refer to the Form 10-K for the year ended ​.

Representations and Warranties. The Borrower represents and warrants that the proceeds of the Term Loan havehas been and shall be used by the Borrower and its Subsidiaries solely in accordanceconnection with Paragraph 1(g) above.the PHI Acquisition. The Borrower hereby further agrees that the representations and warranties contained in [Article V] of the Incorporated Agreement (the “Incorporated Representations”) as such representation or warranty is in effect on the Closing Date are hereby incorporated by reference and shall be as binding on the Borrower as if fully set forth herein. Notwithstanding the above, with respect to the Incorporated Representations, # the representations and warranties contained in [Section 5.05] of the Incorporated Agreement shall be deemed to refer to the most recent statements furnished pursuant to [Section 6.01(a)] of the Incorporated Agreement,Agreement and # the references to the “Closing Date” in [[Sections 5.05(b), 5.13]3]]3] and #(c) and 5.1515]5]5]]5]5] of the Incorporated Agreement shall be deemed to refer to the Closing Date hereof, and # the reference to “Form 10-K for the year ended ​ in [Section 5.13] shall be deemed to refer to the Form 10-K for the year ended ​.hereof.

Representations and Warranties. The Borrower represents and warrants that the proceeds of the Term Loan have been and shall be used by the Borrower and its Subsidiaries solely in accordanceconnection with Paragraph 1(g) above.the HPS Acquisition. The Borrower hereby further agrees that the representations and warranties contained in [Article V] of the Incorporated Agreement (the “Incorporated Representations”) as such representation or warranty is in effect on the Closing Date are hereby incorporated by reference and shall be as binding on the Borrower as if fully set forth herein. Notwithstanding the above, with respect to the Incorporated Representations, # the representations and warranties contained in [Section 5.05] of the Incorporated Agreement shall be deemed to refer to the most recent statements furnished pursuant to [Section 6.01(a)] of the Incorporated Agreement,Agreement and # the references to the “Closing Date” in [[Sections 5.05(b), 5.13]3]]3] and #(c) and 5.1515]5]5]]5]5] of the Incorporated Agreement shall be deemed to refer to the Closing Date hereof, and # the reference to “Form 10-K for the year ended ​ in [Section 5.13] shall be deemed to refer to the Form 10-K for the year ended ​.hereof.