This Agreement amends, restates and supersedes in its entirety the Original Loan Agreement from and after the Restatement Date. From the Initial Funding Date through the day immediately preceding the Restatement Date, the Original Loan was governed by the Original Loan Agreement and, from and after the Restatement Date, the Original Loan, together with the Additional Advance, shall be governed by this Agreement. The parties hereto acknowledge and agree that (a) this Agreement does not constitute a novation, payment and reborrowing or termination of the obligations evidenced by the documents, instruments and other agreements evidencing and governing the Original Loan, including the indebtedness evidenced by the Original Note; and (b) the obligations in respect of the Original Loan are in all respects continuing with only the terms thereof being amended and restated as provided in this Agreement.