Common use of Amendments in Writing; No Waiver; Cumulative Remedies Clause in Contracts

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the Buyer. (b) The Buyer shall not by any act (except by a written instrument pursuant to Section 14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantors and the Buyer, provided that any provision of this Guaranty may be waived by the Buyer. (b) The Buyer shall not by any act (except by a written instrument pursuant to Section 14(a17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the Buyer. (b) The Buyer shall not by any act (except by a written instrument pursuant to Section 14(a15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the BuyerLender, provided that any provision of this Guaranty Guarantee may be waived by the BuyerLender in a letter or agreement executed by the Lender or by telex or facsimile transmission from the Lender. (b) The Buyer Lender shall not by any act (except by a written instrument pursuant to Section 14(aparagraph 12(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the BuyerLender, provided that any provision of this Guaranty may be waived by the BuyerLender. (b) The Buyer Lender shall not by any act (except by a written instrument pursuant to Section 14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the Buyer. (b) The Buyer shall not by any act (except by a written instrument pursuant to Section 14(aclause (a) hereofabove), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Pledgor and the BuyerCollateral Agent, provided that any provision of this Guaranty Agreement may be waived by the BuyerRequired Lenders pursuant to a letter or agreement executed by the Collateral Agent or by telecopy transmission from the Collateral Agent. (b) The Buyer Neither the Collateral Agent nor any Secured Party shall not by any act (except by a written instrument pursuant to in Section 14(a24(a)) hereof), delay, indulgence, omission or otherwise delay be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyerany Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer such Secured Party would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Subsidiary Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by in accordance with Section 17 of the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerNote Purchase Agreement. (b) The Buyer No Noteholder shall not by any act (except by a written instrument pursuant to Section 14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyerany Noteholder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer any Noteholder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer such Noteholder would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Buyer, Collateral Agent; provided that any provision of this Guaranty Guarantee may be waived by the BuyerRequired Lenders pursuant to a letter or agreement executed by the Collateral Agent or by telecopy transmission from the Collateral Agent. (b) The Buyer No Secured Party shall not by any act (except by a written instrument pursuant to Section 14(a20(a)) hereof), delay, indulgence, omission or otherwise delay be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyerany Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer such Secured Party would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the BuyerHolder, provided that any provision of this Guaranty Guarantee may be waived by the BuyerHolder in a letter or agreement executed by the Holder or by facsimile transmission from the Holder. (b) The Buyer Holder shall not by any act (except by a written instrument pursuant to Section 14(aparagraph 13(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerHolder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Holder would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantors and the Buyer, provided that any provision of this Guaranty may be waived by the Buyer. (b) The Buyer shall not by any act (except by a written instrument pursuant to Section 14(a15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Executive and the BuyerCompany, provided PROVIDED that any provision of this Guaranty Agreement may be waived by the BuyerCompany in a letter or agreement executed by the Company or by telex or facsimile transmission from the Company. (b) The Buyer Company shall not by any act (except by a written instrument pursuant to Section 14(aparagraph 11(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or ot Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerCompany, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Company of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Company would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantors and the Buyer, provided that any provision of this Guaranty may be waived by the Buyer. (b) The Buyer shall not by any act (except by a written instrument pursuant to Section 14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Pledgors and the BuyerCollateral Agent, provided that any provision of this Guaranty Agreement may be waived by the BuyerRequired Lenders pursuant to a letter or agreement executed by the Collateral Agent or by telecopy transmission from the Collateral Agent. (b) The Buyer Neither the Collateral Agent nor any Secured Party shall not by any act (except by a written instrument pursuant to in Section 14(a24(a)) hereof), delay, indulgence, omission or otherwise delay be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyerany Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer such Secured Party would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor each Obligor and the Buyer, provided that any provision Administrative Agent in accordance with Section 10.02 of this Guaranty may be waived by the BuyerCredit Agreement. (b) The Buyer No Guaranteed Creditor shall not by any act (except by a written instrument pursuant to Section 14(a5.06(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any exercise and no delay in exercising, on the part of the Buyerany Guaranteed Creditor, any right, remedy, power or privilege hereunder shall operate as a waiver thereof. No ; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver by the Buyer any Guaranteed Creditor of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer such Guaranteed Creditor would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently cumulative and are not exclusive of any other rights or remedies rights, remedies, powers and privileges provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except as provided by a written instrument executed by Section 10.04 of the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerCredit Agreement. (b) The Buyer Lender shall not by any act (except by a written instrument pursuant to Section 14(a15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Lender would otherwise have on any future occasion. (c) . The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the BuyerLender, provided that any provision of this Guaranty Guarantee may be waived by the BuyerLender in a letter or agreement executed by the Lender or by facsimile transmission from the Lender. (b) The Buyer Lender shall not by any act (except by a written instrument pursuant to Section 14(a16(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Lender would otherwise have on any future occasion. (c) . The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the BuyerLender, provided that any provision of this Guaranty Guarantee may be waived by the BuyerLender in a letter or agreement executed by the Lender or by telex or facsimile transmission from the Lender. (ba) The Buyer Lender shall not by any act (except by a written instrument pursuant to Section 14(aparagraph 12(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Lender would otherwise have on any future occasion. (cb) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the VFN Guarantor and the Buyer, Administrative Agent; provided that any provision of this Guaranty may be waived in writing by the BuyerAdministrative Agent. (b) The No Buyer Party shall not be deemed by any act (except by a written instrument pursuant to this Section 14(a) hereof16), delay, indulgence, omission or otherwise be deemed to have waived any right right, power, privilege or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyerany Buyer Party, any right, power power, remedy or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power power, remedy or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the a Buyer Party of any right right, power, privilege or remedy hereunder on any one occasion shall not be construed as a bar to any right right, power, privilege or remedy which the any Buyer Party would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by in accordance with the Guarantor and provisions of the Buyer, provided that any provision of this Guaranty may be waived by the BuyerCredit Agreement. (b) The Buyer Neither Administrative Agent nor any Creditor shall not by any act (except by a written instrument pursuant to this Section 14(a) hereof18), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerAdministrative Agent or any Creditor, any right, power or of privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or of privilege. A waiver by the Buyer Administrative Agent or any Creditor of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Administrative Agent or such Creditor would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by lawLaw.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided Oakley; PROVIDED that any provision of this Guaranty Guarantee may be waived by the BuyerOakley in a letter or agreement executed by Oakley and delivered to Guarantor pursuant hereto. (b) The Buyer Oakley shall not by any act (except by a written instrument pursuant to Section 14(aparagraph 12(a) hereof), be deemed to have agreed to any delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerOakley, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Oakley of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Oakley would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Limited Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the Buyer. (b) The Buyer shall not by any act (except by a written instrument pursuant to Section 14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, ; provided that any provision of this Guaranty may be waived by the Buyer. (b) The Buyer shall not by any act (except by a written instrument pursuant to Section 14(a15(a) hereof), ) delay, indulgence, or omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Default, Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerCDC. (b) The Buyer CDC shall not by any act (except by a written instrument pursuant to Section 14(a) hereof)act, delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerCDC, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer CDC of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer CDC would otherwise have on any future occasion. (c) . The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Pledgor and the Buyer, provided that any provision Administrative Agent in accordance with Section 9.02 of this Guaranty may be waived by the BuyerCredit Agreement. (b) The Buyer None of the Administrative Agent, any Lender or any Issuing Bank shall not by any act (except by a written instrument pursuant to Section 14(a) hereof19(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerAdministrative Agent, any Lender or any Issuing Bank, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Administrative Agent, any Lender or any Issuing Bank of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Buyer Administrative Agent, such Lender or such Issuing Bank would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Limited Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Limited Guaranty binding on Guarantor may be waived by the Buyer. (b) The Buyer shall not by any act (except by a written instrument pursuant to this Section 14(a) hereof16), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the Buyer. (ba) The Buyer shall not by any act (except by a written instrument pursuant to Section 14(aclause (a) hereofabove), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer would otherwise have on any future occasion. (cb) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the BuyerAdministrative Agent, provided that any provision of this Guaranty Guarantee may be waived by the Buyer. (b) Administrative Agent in a letter or agreement executed by the Administrative Agent or by facsimile transmission from the Administrative Agent. The Buyer Administrative Agent shall not by any act (except by a written instrument pursuant to Section 14(aparagraph 12(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default Incipient Termination Event or Termination Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerAdministrative Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Administrative Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Administrative Agent would otherwise have on any future occasion. (c) . The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the BuyerLender, provided that any provision of this Guaranty may be waived by the BuyerLender. (b) The Buyer Lender shall not by any act (except by a written instrument pursuant to Section 14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantor, Buyer and the Buyer, Repo Agent; provided that any provision of this Guaranty Agreement may be waived in writing by the BuyerBuyer or Repo Agent. (b) The Neither Buyer nor Repo Agent shall not be deemed by any act (except by a written instrument pursuant to this Section 14(a) hereof16), delay, indulgence, omission or otherwise be deemed to have waived any right right, power, privilege or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerBuyer or Repo Agent, any right, power power, remedy or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power power, remedy or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer or Repo Agent of any right right, power, privilege or remedy hereunder on any one occasion shall not be construed as a bar to any right right, power, privilege or remedy which the Buyer or Repo Agent, as applicable, would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision Agent in accordance with subsection 12.1 of this Guaranty may be waived by the BuyerCredit Agreement. (b) The Buyer Neither the Agent nor any Guaranteed Creditor shall not by any act (except by a written instrument pursuant to Section 14(asubsection 5.5(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any exercise and no delay in exercising, on the part of the BuyerAgent or any Guaranteed Creditor, any right, remedy, power or privilege hereunder shall operate as a waiver thereof. No ; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver by the Buyer Agent or any Guaranteed Creditor of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Agent or such Guaranteed Creditor would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently cumulative and are not exclusive of any other rights or remedies rights, remedies, powers and privileges provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantor, the Sellers and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerCDC. (b) The Buyer CDC shall not by any act (except by a written instrument pursuant to Section 14(a) hereof)act, delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerCDC, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer CDC of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer CDC would otherwise have on any future occasion. (c) . The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the BuyerLender, provided that any provision of this Guaranty Guarantee may be waived by the BuyerLender in a letter or agreement executed by the Lender or by telex or facsimile transmission from the Lender. (b) The Buyer Lender shall not by any act (except by a written instrument pursuant to Section 14(a18(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Lender would otherwise have on any future occasion. (c) . The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the Buyer. (b) The Buyer shall not by any act (except by a written instrument pursuant to Section 14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the BuyerLender, provided that any provision of this Guaranty Guarantee may be waived by the BuyerLender in a letter or agreement executed by the Lender or by facsimile transmission from the Lender. (b) The Buyer Lender shall not by any act (except by a written an instrument pursuant to Section 14(aparagraph 12(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the Buyer. (b) The Buyer Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 14(aparagraph 16(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by as provided in Section 11.1 of the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerIndenture. (b) The Buyer Neither the Indenture Trustee nor any Noteholder shall not by any act (except by a written instrument pursuant to Section 14(a15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Indenture Default or Indenture Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerIndenture Trustee or any Noteholder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Indenture Trustee or any Noteholder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Indenture Trustee or such Noteholder would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantor, and the Buyer, ; provided that any provision of this Guaranty may be waived in writing by the Buyer. (b) The Buyer shall not be deemed by any act (except by a written instrument pursuant to Section 14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right right, power, privilege or remedy hereunder or to have acquiesced in any Default or Event of Default under the Repurchase Agreement or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, any right, power power, remedy or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power power, remedy or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right right, power, privilege or remedy hereunder on any one occasion shall not be construed as a bar to any right right, power, privilege or remedy which the Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the BuyerMLMCI, provided that any provision of this Guaranty may be waived by the BuyerMLMCI. (b) The Buyer MLMCI shall not by any act (except by a written instrument pursuant to Section 14(a15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerMLMCI, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer MLMCI of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer MLMCI would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer; provided, provided that any provision of this Guaranty Guarantee may be waived by the Buyer in a letter or agreement executed by the Buyer or by facsimile transmission from the Buyer. (b) The Buyer shall not by any act (except by a written instrument pursuant to Section 14(a15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer would otherwise have on any future occasion. (c) . The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Buyer, provided that any provision Administrative Agent in accordance with subsection 11. 1 of this Guaranty may be waived by the BuyerCredit Agreement. (b) The Buyer Neither the Administrative Agent nor any Creditor shall not by any act (except by a written instrument pursuant to Section 14(asubsection 5.5(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any exercise and no delay in exercising, on the part of the BuyerAdministrative Agent or any Creditor, any right, remedy, power or privilege hereunder shall operate as a waiver thereof. No ; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further farther exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver by the Buyer Administrative Agent or any Creditor of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Administrative Agent or such Creditor would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently cumulative and are not exclusive of any other rights or remedies rights, remedies, powers and privileges provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by as provided in Section 9.1 of the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerCredit Agreement. (b) The Buyer Neither the Investor, Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 14(a15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerInvestor, Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Investor, Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Investor, Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Buyer, Administrative Agent; provided that any provision of this Guaranty may be waived in writing by the BuyerAdministrative Agent. (b) The No Buyer Party shall not be deemed by any act (except by a written instrument pursuant to this Section 14(a) hereof16), delay, indulgence, omission or otherwise be deemed to have waived any right right, power, privilege or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyerany Buyer Party, any right, power power, remedy or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power power, remedy or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the a Buyer Party of any right right, power, privilege or remedy hereunder on any one occasion shall not be construed as a bar to any right right, power, privilege or remedy which the any Buyer Party would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by in accordance with Section 9.02 of the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerCredit Agreement. (b) The Buyer Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 14(aparagraph 16(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the Buyer. (b) The Buyer shall not by any act (except by a written instrument pursuant to Section 14(a16(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Note may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor ▇▇▇▇▇▇▇▇ and the Buyer, provided that any provision of this Guaranty may be waived by the Buyer▇▇▇▇▇▇. (b) The Buyer Borrower hereby waives diligence, presentment, demand, protest and notice of any kind whatsoever. Lender shall not by any act (except by a written instrument pursuant to paragraph (a) of this Section 14(a) hereof17), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer ▇▇▇▇▇▇ of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the BuyerLender, provided that any provision of this Guaranty may be waived by the BuyerLender. (b) The Buyer Lender shall not by any act (except by a written instrument pursuant to Section 14(a15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the Buyer. (b) The Buyer shall not by any act (except by a written instrument pursuant to Section 14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this NAC Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the NAC Guarantor and the Buyer, Agent; provided that any provision of this NAC Guaranty may be waived in writing by the BuyerAgent. (b) The Buyer Neither party shall not be deemed by any act (except by a written instrument pursuant to Section 14(a17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right right, power, privilege or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyereither party, any right, power power, remedy or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power power, remedy or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer any either party of any right right, power, privilege or remedy hereunder on any one occasion shall not be construed as a bar to any right right, power, privilege or remedy which the Buyer that such party would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantor, and the Buyer, ; provided that any provision of this Guaranty may be waived in writing by the Buyer. (b) The Buyer shall not be deemed by any act (except by a written instrument pursuant to Section 14(a15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right right, power, privilege or remedy hereunder or to have acquiesced in any Potential Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, any right, power power, remedy or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power power, remedy or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right right, power, privilege or remedy hereunder on any one occasion shall not be construed as a bar to any right right, power, privilege or remedy which the Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Buyer, Administrative Agent; provided that any provision of this Guaranty may be waived in writing by the BuyerAdministrative Agent. (b) The No Buyer Party shall not be deemed by any act (except by a written instrument pursuant to this Section 14(a) hereof17), delay, indulgence, omission or otherwise be deemed to have waived any right right, power, privilege or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyerany Buyer Party, any right, power power, remedy or privilege hereunder shall 755039565 22720164 ​ operate as a waiver thereof. No single or partial exercise of any right, power power, remedy or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the a Buyer Party of any right right, power, privilege or remedy hereunder on any one occasion shall not be construed as a bar to any right right, power, privilege or remedy which the any Buyer Party would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantors and the Buyer, ; provided that any provision of this Guaranty may be waived in writing by the Buyer. (b) The Buyer shall not be deemed by any act (except by a written instrument pursuant to Section 14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right right, power, privilege or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, any right, power power, remedy or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power power, remedy or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right right, power, privilege or remedy hereunder on any one occasion shall not be construed as a bar to any right right, power, privilege or remedy which the Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None ----------------------------------------------------- of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision Administrative Agent in accordance with Section 11.1 of this Guaranty may be waived by the BuyerCredit Agreement. (b) The Buyer Neither the Administrative Agent, any Other Representative nor any Lender shall not by any act (except by a written instrument pursuant to Section 14(aparagraph 17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerAdministrative Agent, any Other Representative or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Administrative Agent, any Other Representative or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Administrative Agent, such Other Representative or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided PBGC; PROVIDED that any provision of this Guaranty Guarantee may be waived by the BuyerPBGC in a letter or agreement executed by PBGC or by facsimile transmission from PBGC. (b) The Buyer PBGC shall not by any act (except by a written instrument pursuant to Section 14(aparagraph (a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. hereof No failure to exercise, nor any delay in exercising, on the part of the BuyerPBGC, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer PBGC of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer PBGC would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the BuyerLender, provided that any provision of this Guaranty may be waived by the BuyerLender. (b) The Buyer Lender shall not by any act (except by a written instrument pursuant to Section 14(a18(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the BuyerLender, provided that any provision of this Guaranty Guarantee may be waived by the BuyerLender in a letter or agreement executed by the Lender or by telex or facsimile transmission from the Lender. (b) The Buyer Lender shall not by any act (except by a written instrument pursuant to Section 14(asection 13(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer▇▇▇▇▇, provided that any provision of this Guaranty Guarantee may be waived by the Buyer▇▇▇▇▇ in a letter or agreement executed by ▇▇▇▇▇ or by facsimile transmission from ▇▇▇▇▇. (b) The Buyer ▇▇▇▇▇ shall not by any act (except by a written instrument pursuant to Section paragraph 14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Acceleration Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer▇▇▇▇▇, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer ▇▇▇▇▇ of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer ▇▇▇▇▇ would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None Subject to subsection 8.1 of the Credit Agreement, none of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerAgent. (b) The Buyer Neither Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 14(a18(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerAgent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty rights granted to the Buyer hereunder may be waived by the Buyer. (b) The Buyer shall not by any act (except by a written instrument pursuant to Section 14(aclause (a) hereofabove), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Executive and the BuyerCompany, provided that any provision of this Guaranty Agreement may be waived by the BuyerCompany in a letter or agreement executed by the Company or by telex or facsimile transmission from the Company. (b) The Buyer Company shall not by any act (except by a written instrument pursuant to Section 14(aparagraph 11(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerCompany, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Company of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Company would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the BuyerAdministrative Agent, provided that any provision of this Guaranty may be waived by the BuyerAdministrative Agent. (b) The Buyer Administrative Agent shall not by any act of (except by a written instrument pursuant to Section 14(aclause (a) hereof), above) delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerAdministrative Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Administrative Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Administrative Agent would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty intended to benefit the Buyer and not the Guarantor may be waived by the Buyer. (b) The Buyer shall not by any act (except by a written instrument pursuant to Section 14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the BuyerBeneficiaries; provided, provided however, that any provision of this Guaranty Guarantee may be waived by the BuyerBeneficiaries in a letter or agreement executed by the Beneficiaries or by telex or facsimile transmission from the Beneficiaries. (b) The Buyer Beneficiaries shall not by any act (except by a written instrument pursuant to Section 14(a) hereofClause 12.5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyerany Beneficiary, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Beneficiaries of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Beneficiaries would otherwise have on any future occasion. (c) . The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantor, and the Buyer, Lender; provided that any provision of this Guaranty may be waived by the BuyerLender. (b) The Buyer Lender shall not by any act (except by a written instrument pursuant to Section 14(a16(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the BuyerAdministrative Agent; provided, provided that any provision of this Guaranty may be waived by the BuyerAdministrative Agent by a written instrument executed by Administrative Agent. (b) The Buyer Administrative Agent shall not by any act (except by a written instrument pursuant to Section 14(a16(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerAdministrative Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Administrative Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Administrative Agent would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantor, the Sellers and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerIXIS. (b) The Buyer IXIS shall not by any act (except by a written instrument pursuant to Section 14(a) hereof)act, delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerIXIS, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer IXIS of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer IXIS would otherwise have on any future occasion. (c) . The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, Agent; provided that any provision of this Guaranty may be waived in writing by the BuyerAgent. (b) The Buyer Neither party shall not be deemed by any act (except by a written instrument pursuant to Section 14(a17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right right, power, privilege or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyereither party, any right, power power, remedy or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power power, remedy or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer any either party of any right right, power, privilege or remedy hereunder on any one occasion shall not be construed as a bar to any right right, power, privilege or remedy which the Buyer that such party would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the Buyer. (b) The Buyer shall not by any act (except by a written instrument pursuant to Section 14(aclause (a) hereofabove), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right or remedy hereunder on any one (1) occasion shall not be construed as a bar to any right or remedy which the Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Buyer and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerSeller. (b) The Buyer Seller shall not by any act (except by a written instrument pursuant to Section 14(a) hereof)act, delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerSeller, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Seller of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Seller would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantors and the Buyer, Agent as provided that any provision in Section 9.1 of this Guaranty may be waived by the BuyerCredit Agreement. (b) The Buyer Neither the Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerAgent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the Buyer. (b) The Buyer shall not by any act (except by a written instrument pursuant to Section 14(a15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Pledgor and the BuyerTrustee, provided that any provision of this Guaranty Agreement may be waived by the BuyerTrustee in a letter or agreement executed by the Trustee or by telex or facsimile transmission from the Trustee. (b) The Buyer Neither the Trustee nor any Holder shall not by any act (except by a written instrument pursuant to Section 14(a) paragraph 0 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerTrustee, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Trustee of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Trustee would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantor, Buyer and the Buyerapplicable Purchaser, provided that any provision of this Guaranty may be waived by Buyer and the Buyerapplicable Purchaser. (b) The Buyer and the applicable Purchaser shall not by any act (except by a written instrument pursuant to Section 14(a15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of Buyer and the Buyerapplicable Purchaser, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by Buyer or the Buyer applicable Purchaser of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Buyer or the Buyer applicable Purchaser would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided Cole; PROVIDED that any provision of this Guaranty Guarantee may be waived by the BuyerCole in a letter or agreement executed by Cole and delivered to G▇▇▇▇ntor pursuant hereto. (b) The Buyer ▇▇▇▇ shall not by any act (except by a written instrument pursuant pur▇▇▇▇t to Section 14(aparagraph 12(a) hereof), be deemed to have agreed to any delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerCole, any right, power or privilege hereunder shall operate as a waiver w▇▇▇▇r thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Cole of any right or remedy hereunder on any one occasion shall not be ▇▇ construed as a bar to any right or remedy which the Buyer Cole would otherwise have on any future occasion. (c) The ▇▇▇ rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and Buyer; provided, that on any date on or prior to the Buyerdate on which all obligations of Seller and Guarantor under the Principal Agreements are fully satisfied, provided that any provision of this Guaranty may be waived by the Buyer by a written instrument executed by Buyer., (b) The Buyer shall not by any act (except by a written instrument pursuant to Section 14(a16(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantor, the Seller and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerUBS. (b) The Buyer UBS shall not by any act (except by a written instrument pursuant to Section 14(a) hereof)act, delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerUBS, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer UBS of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer UBS would otherwise have on any future occasion. (c) . The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor each Obligor and the Buyer, provided that any provision Administrative Agent in accordance with Section 10.02 of this Guaranty may be waived by the BuyerLoan Agreement. (b) The Buyer No Guaranteed Creditor shall not by any act (except by a written instrument pursuant to Section 14(a5.06(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any exercise and no delay in exercising, on the part of the Buyerany Guaranteed Creditor, any right, remedy, power or privilege hereunder shall operate as a waiver thereof. No ; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver by the Buyer any Guaranteed Creditor of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer such Guaranteed Creditor would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently cumulative and are not exclusive of any other rights or remedies rights, remedies, powers and privileges provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantor, and the Buyer, ; provided that any provision of this Guaranty may be waived by the Buyer. (b) The Buyer shall not by any act (except by a written instrument pursuant to Section 14(a15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Pledge Agreement may be waived, amended, restated, supplemented or otherwise modified except by a written instrument executed by the Guarantor Pledgor and the BuyerCalliope, provided that any provision of this Guaranty Pledge Agreement may be waived by the BuyerCalliope in a letter or agreement executed by Calliope or by facsimile transmission from Calliope. (b) The Buyer Calliope shall not by any act (except by a written instrument pursuant to Section 14(a21(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, exercising on the part of the BuyerCalliope, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Calliope of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Calliope would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Loan Party Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by in accordance with Section 10.02 of the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerCredit Agreement. (b) The Buyer Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 14(a15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by as provided in Section 12.01 of the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerCredit Agreement. (b) The Buyer Neither any Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 14(aXIX(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyerany Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer any Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer such Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Pledgor and the BuyerTrustee, provided that any provision of this Guaranty Agreement may be waived by the BuyerTrustee on behalf of the Holders of the Senior Secured Notes pursuant to the Indenture, in a letter or agreement executed by the Trustee or by telex or facsimile transmission from the Trustee. (b) The Buyer Neither the Trustee nor any Holder of the Senior Secured Notes shall not by any act (except by a written instrument pursuant pur- suant to Section 14(aparagraph 20(a) hereof), delay, indulgence, omission or or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerTrustee Trustee, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power power or privilege hereunder shall preclude any other or further exercise ex- ercise thereof or the exercise of any other right, power or privilegeprivi- lege. A waiver by the Buyer Trustee of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or any right or remedy which the Buyer Trustee would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Pledgor and the Buyer, provided that any provision Administrative Agent in accordance with Section 9.02 of this Guaranty may be waived by the BuyerCredit Agreement. (b) The Buyer Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 14(a) hereof19(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Buyer Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Pledgor and the BuyerTrustee, provided that any provision of this Guaranty Agreement may be waived by the BuyerTrustee in a letter or agreement executed by the Trustee or by telex or facsimile transmission from the Trustee. (b) The Buyer Neither the Trustee nor any Holder shall not by any act (except by a written instrument pursuant to Section 14(aparagraph 17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, Trustee any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Trustee of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Trustee would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantors and the Buyer, Agent as provided that any provision in Section 9.1 of this Guaranty may be waived by the BuyerCredit Agreement and the Required Investors. (b) The Buyer Neither the Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerAgent or any Beneficiary, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Agent or any Beneficiary of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Agent or such Beneficiary would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerRequired Lenders. (b) The Buyer Neither the Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 14(aparagraph 16(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerAgent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantor, and the Buyer, ; provided that any provision of this Guaranty may be waived by the Buyer. (b) The Buyer shall not by any act (except by a written instrument pursuant to Section 14(a16(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this General Partner Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by in accordance with Section 10.02 of the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerCredit Agreement. (b) The Buyer Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 14(a15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerLender. (b) The Buyer Guarantor hereby waives diligence, presentment, demand, protest and notice of any kind whatsoever. Lender shall not by any act (except by a written instrument pursuant to paragraph (a) of this Section 14(a) hereof18), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the BuyerMLMCI, provided that any provision of this Guaranty may be waived by the BuyerMLMCI. (b) The Buyer MLMCI shall not by any act (except by a written instrument pursuant to Section 14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerMLMCI, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer MLMCI of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer MLMCI would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the BuyerBuyers, provided that any provision of this Guaranty may be waived by the BuyerBuyers. (b) The Buyer Buyers shall not by any act (except by a written instrument pursuant to Section 14(a15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerBuyers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Buyers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Buyers would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Security Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Borrower and the BuyerLender, provided that any provision of this Guaranty Security Agreement may be waived by the BuyerLender in a letter or agreement executed by the Lender or by telex or facsimile transmission from the Lender. (b) The Buyer Lender shall not by any act (except by a written instrument pursuant to Section 14(a15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by in accordance with subsection 11.1 of the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerCredit Agreement. (b) The Buyer Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 14(aparagraph 17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Buyer, Administrative Agent; provided that any provision of this Guaranty may be waived in writing by the BuyerAdministrative Agent. (b) The No Buyer Party shall not be deemed by any act (except by a written instrument pursuant to this Section 14(a) hereof17), delay, indulgence, omission or otherwise be deemed to have waived any right right, power, privilege or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyerany Buyer Party, any right, power power, remedy or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power power, remedy or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the a Buyer Party of any right right, power, privilege or remedy hereunder on any one occasion shall not be construed as a bar to any right right, power, privilege or remedy which the any Buyer Party would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the BuyerBuyers, provided that any provision of this Guaranty Guarantee may be waived by the BuyerBuyers in a letter or agreement executed by the Buyers or by telex or facsimile transmission from the Buyers. (b) The Buyer Buyers shall not by any act (except by a written instrument pursuant to Section section 14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerBuyers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Buyers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Buyers would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Administrative Agent, the Borrowers and the Buyer, each Tranche C Lender; provided that any provision of this Guaranty Agreement may be waived by the BuyerAdministrative Agent (at the direction of the Required Lenders) in a letter or agreement executed by the Administrative Agent. Any such waiver, amendment, supplement or modification shall apply equally to each Senior Lender and each Tranche C Lender and shall be binding upon all present and future Senior Lenders and all present and future Tranche C Lenders. (b) The Buyer shall not by any act (except by a written instrument pursuant to Section 14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerAdministrative Agent or any Senior Lender, any right, power or privilege hereunder shall operate as a waiver thereof. thereof No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty hereof may be waived, amended, supplemented supplemented, or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, ; provided that any provision of this Guaranty hereof may be waived by the BuyerBuyer by a written instrument executed by ▇▇▇▇▇. (b) The Buyer shall not not, by any act (except by a written instrument pursuant to Section 14(a) hereof), delay, indulgence, omission omission, or otherwise otherwise, be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Buyer▇▇▇▇▇’s part, any right, power power, or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power power, or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power power, or privilege. A waiver by the Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently concurrently, and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the BuyerLender, provided that any provision of this Guaranty Guarantee may be waived by the BuyerLender in a letter or agreement executed by the Lender or by facsimile transmission from the Lender. (b) The Buyer Lender shall not by any act (except by a written instrument pursuant to Section 14(aparagraph 13(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Lender would otherwise have on any future occasion., (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the BuyerLender, provided that any provision of this Guaranty Guarantee may be waived by the BuyerLender in a letter or agreement executed by the Lender or by facsimile transmission from the Lender. (b) The Buyer Lender shall not by any act (except by a written instrument pursuant to Section 14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Lender would otherwise have on any future occasion. (ca) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Borrower and the BuyerLender, provided that any provision of this Guaranty Agreement may be waived by the BuyerLender in a letter or agreement executed by the Lender or by facsimile transmission from the Lender. (b) The Buyer Lender shall not by any act (except by a written instrument pursuant to Section 14(aparagraph 16(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the BuyerLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Buyer Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Buyer Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.