For an agreed consideration, Retiring Lender hereby irrevocably sells and assigns to Lender, and Lender hereby irrevocably purchases and assumes from Retiring Lender, as of the Fifth Amendment Effective Date (i) all of Retiring Lender’s rights and obligations under the Credit Agreement and any other documents or instruments delivered pursuant thereto) and (ii) to the extent permitted to be assigned under applicable law, all claims, suits, causes of action and any other right of Retiring Lender against any Person, whether known or unknown, arising under or in connection with the Credit Agreement, any other documents or instruments delivered pursuant thereto or the loan transactions governed thereby or in any way based on or related to any of the foregoing, including, but not limited to, contract claims, tort claims, malpractice claims, statutory claims and all other claims at law or in equity related to the rights. Lender acknowledges and agrees that upon the Fifth Amendment Effective Date Lender shall be the "Lender" under, and for all purposes of, the Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of the Lender thereunder.