Section #Incorporation of Recitals.

A Recitals Legal Description

Guaranty - see the recitals.

Supply Agreement - see the recitals.

Section # Exhibit and Recitals. The exhibit attached to and referred to in this Memorandum is hereby incorporated by reference. The recitals are incorporated herein by reference as matters of contract and not mere recital.

Recitals. Each of the parties hereto acknowledges and agrees that the recitals set forth above in this Amendment are true and accurate and are hereby incorporated into and made a part of this Amendment.

No Responsibility for Loans, Creditworthiness, Recitals, Etc. Neither the Administrative Agent nor any of its directors, officers, agents or employees shall be responsible for or have any duty to ascertain, inquire into, or verify # any statement, warranty or representation made in connection with any Loan Document or any borrowing hereunder; # the performance or observance of any of the covenants or agreements of any obligor under any Loan Document; # the satisfaction of any condition specified in Article V, except receipt of items required to be delivered solely to the Administrative Agent; # the existence or possible existence of any Default or # the validity, effectiveness or genuineness of any Loan Document or any other instrument or writing furnished in connection therewith. The Administrative Agent shall not be responsible to any Lender for any recitals, statements, representations or warranties herein or in any of the other Loan Documents for perfection or priority of the Liens on any collateral subject to the Loan Documents, the execution, effectiveness, genuineness, validity, legality, enforceability, collectibility, or sufficiency of this Agreement or any of the other Loan Documents or the transactions contemplated thereby, or for the financial condition of any guarantor of any or all of the Obligations, [[Borrowers:Organization]] or any of its Subsidiaries.

“Prior Agreement” is defined in the Recitals.

“Improvements” - As defined in the Recitals hereof.

“Land” - As defined in the Recitals hereof.