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Exhibits to Credit Agreement
Exhibits to Credit Agreement contract clause examples

Amendments to Exhibits. The Exhibits to the Forbearance Agreement are hereby amended by # deleting Exhibit C to the Forbearance Agreement (Continuing Stores) and substituting in lieu thereof Exhibit C to this Amendment, and # adding a new Exhibit E to the Forbearance Agreement (Closed Stores (Wave IV)) in the form of Exhibit E to this Amendment.

Exhibits to Credit Agreement. [Exhibit A] (Form of Committed Loan Notice), Exhibit C-33] (Form of FILO Loan Note), [Exhibit D] (Form of Compliance Certificate), [Exhibit E] (Form of Assignment and Assumption), and [Exhibit F] (Form of Borrowing Base Certificate) are hereby deleted in their entirety and a new [Exhibit A], Exhibit C-33], [Exhibit D], [Exhibit E], and [Exhibit F] are substituted in their stead, each as attached hereto as [Annex B].

New Exhibits to Credit Agreement. [Exhibit 1.1](N)(3) is hereby added as a new exhibit to the Credit Agreement in the form attached hereto and made a part hereof as [Exhibit 1.1](N)(3) [Term Note] and [Exhibit 8.2].1 is hereby added as a new exhibit to the Credit Agreement in the form attached hereto and made a part hereof as [Exhibit 8.2].1 [Unsecured Indebtedness Certificate].

Amendments to Existing Credit Agreement Exhibits. Exhibit A and [Exhibit G] to the Existing Credit Agreement are hereby amended by deleting the red, stricken text (indicated textually in the same manner as the following example: red, stricken text) therefrom and by adding the blue, double-underlined text (indicated in the same manner as the following example: blue, double-underlined text) thereto, in each case, as set forth on Exhibit B attached hereto.

Exhibits to the Credit Agreement. The exhibits to the Credit Agreement are amended by deleting [Exhibit 2.5]-3 (Form of Term Loan Note) in its entirety.

Exhibits to Credit Agreement. [Exhibit D] (Form of Borrowing Base Certificate), Exhibit H-11] (Form of Domestic Notice of Borrowing); Exhibit H-22] (Form of Canadian Notice of Borrowing); and Exhibit H-33] (Form of UK Notice of Borrowing) are hereby deleted in their entirety and a new [Exhibit D], [Exhibit E], Exhibit H-11], Exhibit H-22], and Exhibit H-33] are substituted in its stead and a new Exhibit B-77] (Form of FILO Note) is attached hereto as Annex B.

Exhibits; Entire Agreement. The Exhibits attached to this Agreement are hereby incorporated and made a part of this Agreement. Additional Exhibits may be entered into from time to time by the parties and attached hereto, in which case such Exhibits shall be incorporated herein as of the effective date of such additional Exhibits. This Agreement and its Exhibits constitutes the complete agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement. This Agreement may not be modified or amended except in a writing signed by a duly authorized representative of each party; no other act, document, usage or custom shall be deemed to amend or modify this Agreement. In particular, no shrink-wrap, click-wrap, or other terms and conditions, privacy policies, or agreements (“Additional Terms”) provided with any products, services, documentation or software, including any maintenance and support updates thereto, hereunder shall be binding on Company, even if use of such items requires an affirmative “acceptance” of those Additional Terms before access is permitted. All such Additional Terms shall be of no force or effect and shall be deemed rejected by Company in their entirety.

Amendment to Exhibits. [Exhibit 8.2].6 and [Exhibit 8.3].3 of the Credit Agreement are hereby amended and restated in their entirety as set forth on, [Exhibit 8.2].6 [Acquisition Compliance Certificate] and [Exhibit 8.3].3 [Quarterly Compliance Certificate], attached hereto and made a part hereof.

Amendment to Exhibits. [Exhibit 2.5].1, [Exhibit 8.2].6 and [Exhibit 8.3].3 of the Credit Agreement are hereby amended and restated in their entirety as set forth on, [Exhibit 2.5].1 [Loan Request], [Exhibit 8.2].6 [Acquisition Compliance Certificate] and [Exhibit 8.3].3 [Quarterly Compliance Certificate], attached hereto and made a part hereof.

Amendment to Exhibits. The section of the Basic Lease Provisions of the Lease containing the table of Exhibits is hereby amended by adding the following new Exhibits after EXHIBIT I:

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