AGREEMENTS
AND ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING
REPAYMENT OF A DEBT ARE NOT ENFORCEABLE. THIS AGREEMENT AND THE OTHER LOAN
DOCUMENTS REPRESENT THE ENTIRE UNDERSTANDING OF THE ADMINISTRATIVE AGENT, THE
LENDERS AND THE LOAN PARTIES WITH RESPECT TO THE TRANSACTIONS CONTEMPLATED
HEREBY AND THEREBY.
[Remainder of Page Left Intentionally Blank]
93
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed as of the date first above written.
FOXFIELDS FUNDING LLC, as the Company
By: /s/ Stephen S. Sypherd
Name: Stephen S. Sypherd
Title: Vice President, Treasurer and Secretary
FORTRESS CREDIT CO LLC,
as the Administrative Agent and a Lender
By:
/s/ Constantine M. Dakolias
Name: Constantine M. Dakolias
Title: President