This Agreement, the Amended and Restated Credit Agreement, and the other Loan Documents constitute the entire agreement among the parties hereto with respect to the subject matter hereof and thereof and supersede all other prior agreements and understandings, both written and verbal, among the parties hereto with respect to the subject matter hereof. Except as expressly set forth herein, this Agreement shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and remedies of any party under, the Existing Credit Agreement, nor alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, all of which are ratified and affirmed in all respects and shall continue in full force and effect. It is understood and agreed that on and after the Amendment No. 1 Effective Date, each reference in each Loan Document to the Credit Agreement, whether direct or indirect, shall hereafter be deemed to be a reference to the Amended and Restated Credit Agreement and that this Agreement shall constitute a “Loan Document”. This Agreement shall not constitute a novation of any amount owing under the Existing Credit Agreement and all amounts owing in respect of principal, interest, fees and other amounts pursuant to the Existing Credit Agreement and the other Loan Documents shall, to the extent not paid or exchanged on or prior to the Amendment Effective Date, shall continue to be owing under the Amended and Restated Credit Agreement or such other Loan Documents until paid in accordance therewith. Notwithstanding anything to the contrary contained in this Agreement or the Amended and Restated Agreement, if the conditions set forth in Sections 3(f) and (g) which by their terms may be satisfied after the initial funding of the 2016 Incremental Facilities are not all satisfied within three business days (or such longer period agreed to by the Lead Arrangers) after the initial funding of the 2016 Incremental Facilities, (i) Sections 1 and 2 of this Agreement, and each other provision of this Agreement purported to give effect to any of the amendments contained in such Section 1 or 2 (except to the extent provided in clause (ii) in this sentence), shall immediately and automatically (without any action from any Person) become void ab initio as if they had not been a part of this Agreement and (ii) on the fifth Business Day (or on a later date as determined by the Lead Arrangers) after the initial funding of the 2016 Incremental Facilities, the Borrower shall prepay all Loans and interest that would have been owing under the Amended and Restated Credit Agreement in respect of the 2016 Incremental Term Loans.