The parties hereto agree that, on the Amendment Closing Date, the following transactions shall be deemed to occur automatically, without further action by any party hereto: # all Obligations under the Existing Credit Agreement outstanding on the Amendment Closing Date shall in all respects be continuing and shall be deemed to be Obligations outstanding under the Amended Credit Agreement and # the Guaranties made to the Lenders, the Administrative Agents, and each other holder of the Obligations pursuant to the Existing Credit Agreement shall remain in full force and effect with respect to the Obligations and are hereby reaffirmed. The parties hereto further acknowledge and agree that this Agreement constitutes an amendment to the Existing Credit Agreement made under and in accordance with the terms of Section 11.01 of the Existing Credit Agreement.

Effect of Amendment. Except as set forth in this Amendment, the terms of the Employment Agreement and PSU Agreement shall remain in full force and effect.

Effect of Amendment. Except as specifically set forth in this Agreement, the terms of the Warrants remain in full force and effect.

Effect of Amendment. Except as otherwise expressly provided for herein, the Purchase Agreement shall remain unchanged and shall continue in full force and effect. From and after the date hereof, any references to the Purchase Agreement shall be deemed to be references to the Purchase Agreement as amended by this Amendment.

Effect of Amendment. Except as expressly modified hereby, the terms and conditions of the Loan Agreement remain in full force and effect. This Amendment may be executed in one or more counterparts (including by facsimile), each of which shall for all purposes be deemed to be an original and all of which shall constitute the same document.

Effect of Amendment. Except as expressly set forth herein, this Amendment shall not # limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document or # alter, modify or amend any term or condition set forth in the Credit Agreement or any other Loan Document.

Effect of Amendment. This Amendment shall not constitute a waiver, amendment or modification of any other provision of the License Agreement or any other provision not expressly referred to herein. Except as amended as set forth above, the License Agreement shall continue in full force and effect.

Effect of Amendment. Except as specifically amended by this First Amendment, the terms and provisions stated in the Agreement, including all exhibits thereto, remain in full force and effect as amended hereby and constitute the entire agreement between the Parties relating to this matter and supersede all prior and contemporaneous agreements and understandings of the Parties. In the event of any inconsistency, the terms and provisions of this First Amendment shall control over and modify the inconsistent terms and provisions of the Agreement.

Effect of Second Amendment. The parties hereto agree and acknowledge that nothing contained in this Second Amendment in any manner or respect limits or terminates any of the provisions of the Credit Agreement or any of the other Loan Documents other than as expressly set forth herein and further agree and acknowledge that the Credit Agreement and each of the other Loan Documents remain and continue in full force and effect and are hereby ratified and confirmed. Instead, it is the express intention of the parties hereto to reaffirm the Debt created under the Credit Agreement, which is evidenced by certain Loan Documents and secured by the Collateral. The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any rights, power or remedy of Lenders or Agent under the Credit Agreement or any other Loan Document, nor constitute a waiver of any provision of the Credit Agreement or any other Loan Document. No delay on the part of any Lender or Agent in exercising any of their respective rights, remedies, powers and privileges under the Credit Agreement or any of the Loan Documents or partial or single exercise thereof, shall constitute a waiver thereof. None of the terms and conditions of this Second Amendment may be changed, waived, modified or varied in any manner, whatsoever, except in accordance with [Section 14.1.1] of the Credit Agreement. No reference to this Second Amendment need be made in any note, instrument or other document, including, but not limited to, any Loan Document, making reference to the Credit Agreement, any reference to the Credit Agreement in any such note, instrument or other document (including, without limitation, the Loan Documents) to be deemed to be referring to in the Credit Agreement as amended hereby.

Effect of Amendment No. 10. Except as expressly set forth herein, no other amendments, waivers, changes or modifications to the Loan Documents are intended or implied, and in all other respects the Loan Documents are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and the Loan Parties shall not be entitled to any other or further waiver or amendment by virtue of the provisions of this Amendment No. 10 or with respect to the subject matter of this Amendment No. 10. To the extent of conflict between the terms of this Amendment No. 10 and the other Loan Documents, the terms of this Amendment No. 10 shall control. The Credit Agreement and this Amendment No. 10 shall be read and construed as one agreement. This Amendment No. 10 is a Loan Document. The Credit Agreement remains in full force and effect, and nothing contained in this Amendment No. 10 will constitute a waiver of any right, power or remedy under the Credit Agreement.