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 Lender; provided that any provision of this Guaranty may be waived by the Lender. (b) Neither the Lender nor any of its Affiliates shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Document. No failure to exercise, nor any delay in exercising, on the part of the Lender or any of its Affiliates, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Lender would otherwise have on any future occasion. (c) The rights and remedies provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; Corporate Trustee (at the direction of the Required Secured Parties), provided that any provision of this Guaranty Guarantee may be waived by the LenderTrustees and the Secured Parties in a letter or agreement executed by the Corporate Trustee (at the direction of the Required Secured Parties) or by facsimile transmission from the Corporate Trustee (at the direction of the Required Secured Parties). (b) Neither the Lender any Secured Party nor any of its Affiliates either Trustee shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender any Secured Party or any of its Affiliateseither Trustee, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Trustees of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender Trustees or such Secured Party would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 affected Guarantor(s) and the Lender; provided that any provision Administrative Agent in accordance with Section 13.1 of this Guaranty may be waived by the LenderCredit Agreement. (b) Neither the Lender Administrative Agent nor any of its Affiliates other Secured Party shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Administrative Agent or any of its Affiliatesother Secured Party, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Administrative Agent or any other Secured Party of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Lender Administrative Agent or any Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; Agent, provided that any provision of this Guaranty Agreement may be waived by the LenderAgent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent. (b) Neither the Lender Agent nor any of its Affiliates Lender shall by any act of (except by a written instrument pursuant to Section 14(aparagraph 18(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Agent or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. (d) The Pledgor agrees that it will not permit any amendment or other modification of any of the covenants in the Timberlands Credit Agreement that are incorporated by reference or referred to herein unless such amendment or other modification has been consented to in writing by the Required Lenders under the Paper Company Credit Agreement.

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 affected Guarantor(s) and the Lender; provided that any provision Administrative Agent in accordance with Section 14.1 of this Guaranty may be waived by the LenderCredit Agreement. (b) Neither the Lender Administrative Agent nor any of its Affiliates other Secured Party shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Administrative Agent or any of its Affiliatesother Secured Party, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Administrative Agent or any other Secured Party of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Lender Administrative Agent or any Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 The terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except at any time and from time to time by a written instrument executed by the Guarantor and the Lender; provided that Agent but not by any provision other means. Any waiver, amendment, supplement or modification pursuant to this paragraph 14(a) shall be effective as against all of this Guaranty may be waived the Borrower Creditors notwithstanding any reliance by the LenderBorrower Creditors or any of them on this Guarantee prior thereto. (b) Neither the Lender Agent nor any of its Affiliates other Credit Agreement Creditor nor the Trustee nor any Holder nor any other Borrower Creditor shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Agent, any other Credit Agreement Creditor, either Trustee, any Holder or any of its Affiliatesother Borrower Creditor, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Agent, any other Credit Agreement Creditor, either Trustee, any Holder or any other Borrower Creditor of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender Agent, such other Credit Agreement Creditor, either Trustee, such Holder or such other Borrower Creditor would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; Agent, provided that any provision of this Guaranty Agreement may be waived by the LenderAgent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent. (b) Neither the Lender Agent nor any of its Affiliates Lender shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Agent or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. (d) The Pledgor agrees that it will not permit any amendment or other modification of any of the covenants in the Timberlands Credit Agreement that are incorporated by reference or referred to herein unless such amendment or other modification has been consented to in writing by the Required Lenders under the Paper Company Credit Agreement.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None Subject to the provisions of Article Nine of the Indenture, 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 Grantor and the Lender; Trustee, provided that any provision of this Guaranty Security Agreement imposing obligations on Grantor may be waived by the LenderTrustee in a written instrument executed solely by Trustee. (b) Neither In the Lender nor event Trustee shall have instituted any of its Affiliates shall by proceeding to enforce any act of (except by a written instrument pursuant to Section 14(a) hereof) delayright, indulgence, omission or otherwise be deemed to have waived any right power or remedy under this Security Agreement by foreclosure, sale, entry or otherwise, and such proceeding shall have been discontinued or abandoned for any reason or shall have been determined adversely to Trustee, then and in every such case, Grantor, Trustee and each Holder, except as may be otherwise determined in such proceeding, shall be restored to their respective former positions and rights hereunder or with respect to have acquiesced the Collateral, and all rights, remedies and powers of Trustee and the Holders, except as may be otherwise determined in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreementsuch proceeding, or any other Loan Document. shall continue as if no such proceeding had been instituted. (c) No failure to exercise, nor any or delay in exercising, on the part of the Lender or any of its Affiliates, Trustee in exercising any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document and no course of dealing between Grantor and Trustee shall operate as a waiver thereof. No ; nor shall any single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Trustee of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Lender which Trustee would otherwise have on any future occasion. (c) . The rights and remedies herein expressly provided herein are cumulative and in the Forbearance Agreement, and the other Loan Documents are cumulative, may be exercised singly or concurrently and as often and in such order as Trustee deems expedient and are not exclusive of any other rights or remedies provided which Trustee would otherwise have whether by agreement or now or hereafter existing under applicable law. No notice to or demand on Grantor in any case shall entitle Grantor to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Trustee to any other or future action in any circumstances without notice or demand.

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 affected Pledgor and the LenderAdministrative Agent in accordance with Section 14.1 of the Credit Agreement; provided provided, however, that the requisite written consent of the holders of the applicable Existing Notes and/or the applicable Existing Notes Trustee under the applicable Existing Notes Indenture shall be required with respect to any provision release, waiver, amendment or other modification of this Guaranty may be waived by Agreement that would materially and adversely affect the Lenderrights of the holders of one or more series of the Existing Notes to equally and ratably share in the security provided for herein with respect to the Collateral. Except as set forth in this Section 20, neither the holders of any of the Existing Notes nor any of the Existing Notes Trustees shall have any rights to approve any release, waiver, amendment, modification, charge, discharge or termination with respect to this Agreement. (b) Neither the Lender Collateral Agent nor any of its Affiliates Secured Party shall by any act of (except by a written instrument pursuant to Section 14(a20(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Collateral Agent or any of its Affiliatesother Secured Party, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Collateral Agent or any other Secured Party of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Lender Collateral Agent or such other Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 affected Pledgor(s) and the Collateral Agent in accordance with Section 13.1 of the First Lien Credit Agreement. The Collateral Agent may, without the consent of any Lender; provided that , enter into any provision amendments to this Agreement (including modifications of the terms “Additional First Lien Agreement” and “Additional First Lien Obligations” and any provisions of this Guaranty may be waived Agreement referencing such terms) to reflect the issuance or Incurrence of any Indebtedness secured by a Lien permitted by Section 10.2(a) of the LenderFirst Lien Credit Agreement that is not secured by Liens granted under this Agreement. (b) Neither the Lender Collateral Agent nor any of its Affiliates other First Lien Secured Party shall by any act of (except by a written instrument pursuant to Section 14(a20(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documentapplicable Secured Debt Document or of any Additional First Lien Agreement. No failure to exercise, nor any delay in exercising, on the part of the Lender Collateral Agent or any of its Affiliatesother First Lien Secured Party, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Lender Collateral Agent or such other First Lien Secured Party would otherwise have on any future other occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 affected Pledgor(s) and the LenderCollateral Agent in accordance with Section 10.01 of the Term Loan Credit Agreement; provided provided, however, that any provision of this Guaranty Agreement may be waived supplemented (but no existing provisions may be modified and no Collateral may be released) through agreements substantially in the form of Annex A, in each case duly executed by the Lendereach Pledgor directly effected thereby. (b) Neither the Lender Collateral Agent nor any of its Affiliates other Term Loan Secured Party shall by any act of (except by a written instrument pursuant to Section 14(a20(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan applicable Secured Debt Document. No failure to exercise, nor any delay in exercising, on the part of the Lender Collateral Agent or any of its Affiliatesother Term Loan Secured Party, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Collateral Agent or any other Term Loan Secured Party of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Lender Collateral Agent or such other Term Loan Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Neither this Guaranty European Guarantee nor any provision hereof may be waived, amended, supplemented amended or otherwise modified except by a written instrument executed pursuant to an agreement or agreements in writing entered into by the Guarantor Collateral Agent and the LenderEuropean Guarantor or European Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit Agreement; provided that the Collateral Agent may, without the consent of any provision other Secured Party, consent to a departure by any European Guarantor from any covenant of this Guaranty may be waived by such European Guarantor set forth herein to the Lenderextent such departure is consistent with the authority of the Collateral Agent set forth in the definition of the term “Collateral and Guarantee Requirement” in the Credit Agreement. (b) Neither the Lender nor any of its Affiliates shall No failure or delay by any act of (except by a written instrument pursuant to Section 14(a) hereof) delay, indulgence, omission or otherwise be deemed to have waived Secured Party in exercising any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Document. No failure to exercise, nor any delay in exercising, on the part of the Lender or any of its Affiliates, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No thereof nor shall any single or partial exercise, on the part of the Lender, exercise of any right, power such right or privilege hereunder or under the Forbearance Agreementpower, or any other Loan Document shall abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right, power right or privilegepower. A No waiver by the Lender of any right provision of this European Guarantee or remedy hereunder consent to any departure by any European Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (a) of this Section 19, and then such waiver or under consent shall be effective only in the Forbearance Agreementspecific instance and for the purpose for which given. Without limiting the generality of the foregoing, the execution and delivery of this European Guarantee, the making of a Loan or any other Loan Document on any one occasion issuance, amendment, renewal or extension of a Letter of Credit shall not be construed as a bar waiver of any Default hereunder, regardless of whether the Secured Parties may have had notice or knowledge of such Default at the time. No notice or demand on any European Guarantor in any case shall entitle any European Guarantor to any right other or remedy that the Lender would otherwise have on any future occasionfurther notice or demand in similar or other circumstances. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; Administrative Agent, provided that any -------- provision of this Guaranty Agreement may be waived by the LenderAdministrative Agent and the Majority Lenders (or such greater number or percentage of Lenders as provided in the Credit Agreement) in a letter or agreement executed by the Administrative Agent or by facsimile transmission from the Administrative Agent. (b) Neither the Lender Administrative Agent nor any of its Affiliates Lender shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, exercising on the part of the Lender Administrative Agent or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 affected Guarantors and the LenderAdministrative Agent in accordance with Section 14.1 of the Credit Agreement; provided provided, however, that the requisite written consent of the holders of the applicable Existing Notes and/or the applicable Existing Notes Trustee under the applicable Existing Notes Indenture shall be required with respect to any provision release, waiver, amendment or other modification of this Guaranty may be waived Agreement that would materially and adversely affect the guarantee by the LenderGuarantors of the due and punctual payment and performance of the Existing Notes Obligations. Except as set forth in this Section 16(a), neither the holders of any of the Existing Notes nor any of the Existing Notes Trustees shall have any rights to approve any release, waiver, amendment, modification, charge, discharge or termination with respect to this Agreement. (b) Neither the Lender Administrative Agent nor any of its Affiliates other Secured Party shall by any act of (except by a written instrument pursuant to Section 14(a) hereof) 16(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Administrative Agent or any of its Affiliatesother Secured Party, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Administrative Agent or any other Secured Party of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Lender Administrative Agent or any Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; Administrative Agent, provided that any provision of this Guaranty Guarantee may be waived by the LenderAdministrative Agent, the Co-Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by facsimile transmission from the Administrative Agent. (b) Neither None of the Administrative Agent, the Co-Agent or any Lender nor any of its Affiliates shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Administrative Agent, the Co- Agent or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent, the Co-Agent or any Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Administrative Agent, the Co-Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents are cumulative, 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 Lender; provided that any provision of this Guaranty may be waived by the LenderAgent. (b) Neither the Lender Agent nor any of its Affiliates Lender shall by any act of (except by a written instrument pursuant to Section 14(aparagraph 18(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Agent or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. To the extent permitted by Applicable Law, Agent and Lenders shall have the right to seek recourse against the Guarantor to the full extent provided for herein and in any other document or instrument evidencing the obligations of the Guarantor to Agent and Lenders, and against the Borrowers to the full extent provided for in any of the Credit Documents. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Agent's or any Lender's right to proceed in any other form of action or proceeding against other parties unless Agent has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Agent or any Lender against the Borrowers or any other Obligor under any Credit Document shall serve to diminish the liability of the Guarantor except to the extent Agent or Lenders realized payment or performance by such action or proceeding.

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 Lender; Company, provided that any provision of this Guaranty Agreement may be waived by the LenderCompany in a letter or agreement executed by the Company or by telex or facsimile transmission from the Company. (b) Neither the Lender nor any of its Affiliates The Company shall not by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender or any of its AffiliatesCompany, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Company of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender Company would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; Administrative Agent, provided that any provision of this Guaranty Guarantee may be waived by the LenderAdministrative Agent and the Lenders and the Issuing Lender in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent. (b) Neither the Administrative Agent nor any Lender nor any of its Affiliates the Issuing Lender shall by any act of (except by a written instrument pursuant to Section 14(a19(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any Lender or any of its Affiliatesthe Issuing Lender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender or the Issuing Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Administrative Agent or such Lender or the Issuing Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 affected Pledgor(s) and the LenderCollateral Agent in accordance with Section 10.01 of the ABL Credit Agreement; provided provided, however, that any provision of this Guaranty Agreement may be waived supplemented (but no existing provisions may be modified and no Collateral may be released) through agreements substantially in the form of Annex A, in each case duly executed by the Lendereach Pledgor directly effected thereby. (b) Neither the Lender Collateral Agent nor any of its Affiliates other ABL Secured Party shall by any act of (except by a written instrument pursuant to Section 14(a20(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan applicable Secured Debt Document. No failure to exercise, nor any delay in exercising, on the part of the Lender Collateral Agent or any of its Affiliatesother ABL Secured Party, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Collateral Agent or any other ABL Secured Party of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Lender Collateral Agent or such other ABL Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 affected Guarantor(s) and the LenderCollateral Agent in accordance with Section 10.01 of the Term Loan Credit Agreement; provided provided, however, that any provision of this Guaranty may be waived supplemented (but no existing provisions may be modified) through agreements substantially in the form of Annex B, in each case duly executed by the Lendereach Guarantor directly affected thereby. (b) Neither the Lender Collateral Agent nor any of its Affiliates other Term Loan Secured Party shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Collateral Agent or any of its Affiliatesother Term Loan Secured Party, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Collateral Agent or any other Term Loan Secured Party of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Lender Collateral Agent or any Term Loan Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 and the Lender; provided parties, provided, that any provision of this Guaranty Agreement may be waived by the LenderAdministrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or telex or facsimile transmission from the Administrative Agent. (b) Neither the Lender Administrative Agent nor any of its Affiliates Lender shall by any act of (except by a written instrument pursuant to Section 14(a8(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Administrative Agent or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the LenderChase; provided that any provision of this Guaranty may be waived in writing by the LenderChase. (b) Neither the Lender nor any of its Affiliates Chase shall not be deemed by any act of (except by a written instrument pursuant to Section 14(a) hereof) 17(a)), delay, indulgence, omission or otherwise be deemed to have waived any right right, power, privilege or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default Default, Guarantor Event of Default, or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender or any of its AffiliatesChase, any right, power power, remedy or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power power, remedy or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Chase of any right right, power, privilege or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right right, power, privilege or remedy that the Lender which Chase would otherwise have on any future occasion. (c) The rights rights, powers, privileges and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights rights, powers, privileges 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 - 11 - Guarantor, Buyer and the LenderRepo Agent; provided that any provision of this Guaranty Agreement may be waived in writing by the LenderBuyer or Repo Agent. (b) Neither the Lender Buyer nor any of its Affiliates Repo Agent shall be deemed by any act of (except by a written instrument pursuant to this Section 14(a) hereof) 16), delay, indulgence, omission or otherwise be deemed to have waived any right right, power, privilege or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Buyer or any of its AffiliatesRepo Agent, any right, power power, remedy or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power power, remedy or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Buyer or Repo Agent of any right right, power, privilege or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right right, power, privilege or remedy that the Lender which Buyer or Repo Agent, as applicable, would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 LenderFund; provided that any provision of this Guaranty Guarantee may be waived by the LenderFund in a letter or agreement executed by the Fund or by signed facsimile transmission from the Fund. (b) Neither the Lender nor any of its Affiliates The Fund shall not by any act of (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 Forbearance Default default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender or any of its AffiliatesFund, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Fund of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender Fund would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; Administrative Agent, provided that any provision of this Guaranty Agreement may be waived by the LenderAdministrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent. (b) Neither the Lender Administrative Agent nor any of its Affiliates Lender shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Administrative Agent or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. (d) The Pledgor agrees that it will not permit any amendment or other modification of any of the covenants in the Timberlands Credit Agreement that are incorporated by reference or referred to herein unless such amendment or other modification has been consented to in writing by the Required Lenders under the Paper Company Credit Agreement.

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 Lender; provided that any provision of this Guaranty may be waived by the LenderAdministrative Agent. (b) Neither the Lender Administrative Agent nor any of its Affiliates Lender shall 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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Administrative Agent or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. (d) One or more additional Persons may become parties hereto from time to time, as described in and in accordance with the Credit Agreement, by executing and delivering to the Administrative Agent a counterpart signature page hereof. Immediately upon such execution and delivery (and without any further action), each such additional Person will become a party to, and will be bound by all of the terms of, this Guaranty.

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 in accordance with the provisions of Section 12.1 of the Credit Agreement and pursuant to a written instrument executed by the Guarantor Borrower and the LenderAgent; provided provided, however, that any provision of this Guaranty may Agreement shall be waived supplemented by each Stock Pledge Agreement Supplement and Note Pledge Agreement Supplement delivered pursuant to this Agreement and the schedules to this Agreement shall be amended and updated by the LenderBorrower as and to the extent required by this Agreement. (b) Neither the Lender Agent nor any of its Affiliates Bank shall by any act of (except by a written instrument pursuant to Section 14(a19(a) hereofof this Agreement) delay, indulgence, omission or otherwise delay be deemed to have waived any right or remedy hereunder under this Agreement or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance this Agreement, the Credit Agreement or any other Loan Document. No failure to exercise, nor any delay in exercising, on the part of the Lender Agent or any of its AffiliatesBank, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document this Agreement shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document this Agreement shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Agent or any Bank of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document this Agreement on any one occasion shall not be construed as a bar to any right or remedy that the Lender Agent or such Bank would otherwise have on any future occasion. (c) The rights and remedies provided herein and in to the Forbearance Agreement, Agent and the other Loan Documents Banks in this Agreement 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 Lender; Agent, provided that any provision of this Guaranty Guarantee may be waived by the LenderAgent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent. (b) Neither the Lender Agent nor any of its Affiliates Lender shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Agent or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; Agent, provided that any provision of this Guaranty Agreement may be waived by the LenderAgent, on behalf of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the Agent. (b) Neither the Lender Agent nor any of its Affiliates Lender shall by any act of (except by a written instrument pursuant to Section 14(a17(a) hereof) ), be deemed to delay, indulgenceindulge, omission omit or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, exercising on the part of the Lender Agent or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 an instrument in writing executed by the Guarantor Guarantors and the Lender; provided that any provision of this Guaranty may be waived by the LenderCollateral Agent. (b) Neither None of the Lender Lessor, the Certificate Holders, the Collateral Agent, nor any of its Affiliates Securityholder shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Lessor, the Certificate Holders, the Collateral Agent or any of its AffiliatesSecurityholder, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Certificate Holders, Indenture Trustee or any Securityholder of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender Certificate Holders, Indenture Trustee or such Securityholder would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; , provided that any provision of this Guaranty Guarantee may be waived by the Lender in a letter or agreement executed by the Lender or by telex or facsimile transmission from the Lender. (b) Neither the The Lender nor any of its Affiliates shall not by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; Administrative Agent, provided that any provision of this Guaranty -------- Guarantee may be waived by the LenderAdministrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent. (b) Neither the Lender Administrative Agent nor any of its Affiliates Lender shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Administrative Agent or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Supplemental Equity Contribution Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Equity Guarantor, the Borrower and the Lender; Security Agent, provided that any provision of this Guaranty Supplemental Equity Contribution Guarantee may be waived by the LenderSecurity Agent and the Secured Parties in a letter or agreement executed by the Security Agent or by telex or facsimile transmission from the Security Agent. (b) Neither the Lender Borrower, the Security Agent nor any of its Affiliates Secured Party shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Borrower, the Security Agent or any of its AffiliatesSecured Party, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Borrower, the Security Agent or any Secured Party of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender Borrower, the Security Agent or such Secured Party would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. 18.

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 Lender; , provided that any provision of this Guaranty Agreement for the benefit of the Lender may be waived by the Lender in a letter or agreement executed by the Lender or by telex or facsimile transmission from the Lender. (b) Neither the The Lender nor any of its Affiliates shall not by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; Administrative Agent, provided that any provision of this Guaranty Guarantee may be waived by the LenderAdministrative Agent, the Lenders and the Issuing Lender in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent. (b) Neither None of the Administrative Agent nor any Lender nor any of its Affiliates the Issuing Lender shall by any act of (except by a written instrument pursuant to Section 14(a19(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent, any Lender or any of its Affiliatesthe Issuing Lender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent, any Lender or the Issuing Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Administrative Agent, such Lender or the Issuing Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; Administrative Agent, provided that any -------- provision of this Guaranty Agreement may be waived by the LenderAdministrative Agent and the Majority Lenders (or such greater number or percentage of Lenders as provided in the Credit Agreement) in a letter or agreement executed by the Administrative Agent or by facsimile transmission from the Administrative Agent. (b) Neither the Lender Administrative Agent nor any of its Affiliates Lender shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, exercising on the part of the Lender Administrative Agent or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; provided that any provision of this Guaranty may be waived by the Lender. (b) Neither the Lender nor any of its Affiliates shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Interest Rate Hedge Agreements, the Forbearance Agreement, Agreements or any other Loan Document. No failure to exercise, nor any delay in exercising, on the part of the Lender or any of its Affiliates, any right, power or privilege hereunder or under any Interest Rate Hedge Agreement, the Forbearance Agreement, Agreements or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, of any right, power or privilege hereunder or under any Interest Rate Hedge Agreement, the Forbearance Agreement, Agreements or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender of any right or remedy hereunder or under any Interest Rate Hedge Agreement, the Forbearance Agreement, Agreements or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Lender would otherwise have on any future occasion. (c) The rights and remedies provided herein and in any Interest Rate Hedge Agreement, the Forbearance Agreement, Agreements and the other Loan Documents 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 Patent Security Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor each Grantor and the Lender; Trustee, provided that any provision of this Guaranty Patent Security Agreement may be waived by the LenderTrustee and the Noteholders in a letter or agreement executed by the Trustee or by telex or facsimile transmission from the Trustee. (b) Neither the Lender Trustee nor any of its Affiliates Noteholder shall by any act of (except by a written instrument pursuant to Section 14(aparagraph 9(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Trustee or any of its AffiliatesNoteholder, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Trustee or any Noteholder of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender Trustee or such Noteholder would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; Lenders, provided that any provision of this Guaranty -------- Guarantee may be waived by the LenderLenders in a letter or agreement executed by the Lender or by telex or facsimile transmission from the Lenders. (b) Neither the No Lender nor any of its Affiliates shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the any Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender Lenders would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 in accordance with the provisions of Section 12.1 of the Credit Agreement and pursuant to a written instrument executed by the Guarantor Borrower and the LenderAgent; provided provided, however,that any provision of the schedules to this Guaranty may Agreement shall be waived amended and updated by the LenderBorrower as and to the extent required by this Agreement. (b) Neither the Lender Agent nor any of its Affiliates Bank shall by any act of (except by a written instrument pursuant to Section 14(a17(a) hereofof this Agreement) delay, indulgence, omission or otherwise delay be deemed to have waived any right or remedy hereunder under this Agreement or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance this Agreement, or any other Loan Document. No failure to exercise, nor any delay in exercising, on the part of the Lender Agent or any of its AffiliatesBank, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document this Agreement shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document this Agreement shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Agent or any Bank of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document this Agreement on any one occasion shall not be construed as a bar to any right or remedy that the Lender Agent or such Bank would otherwise have on any future occasion. (c) The rights and remedies provided herein and in to the Forbearance Agreement, Agent and the other Loan Documents Banks in this Agreement 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 each Pledgor and the Lender; Trustee, provided that any provision of this Guaranty Pledge Agreement may be waived by the LenderTrustee and the Noteholders in a letter or agreement executed by the Trustee or by telex or facsimile transmission from the Trustee. (b) Neither the Lender Trustee nor any of its Affiliates Noteholder shall by any act of (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 Forbearance Default or Event of Default or in any breach breach-of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Trustee or any of its AffiliatesNoteholder, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Trustee or any Noteholder of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that remedy, which the Lender Trustee or such Noteholder would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents are cumulative, may be exercised singly single 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 Lender; provided Required Holders, except that any provision no such amendment or waiver may, without the written consent of each Holder, release the Guarantor under this Guaranty may be waived by the LenderGuaranty. (b) Neither the Lender nor any of its Affiliates No Holder shall by any act of (except by a written instrument pursuant to Section 14(a11(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender or any of its AffiliatesHolder, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender any Holder of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Lender which such Holder would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 affected Pledgor and the Lender; Administrative Agent in accordance with Section 14.1 of the Credit Agreement and, after the First Lien Intercreditor Effective Date, by each other Authorized Representative to the extent required by (and in accordance with) the applicable Additional First Lien Agreement or as otherwise provided that any provision of this Guaranty may be waived by in the LenderFirst Lien Intercreditor Agreement. (b) Neither the Lender Collateral Agent nor any of its Affiliates First Lien Secured Party shall by any act of (except by a written instrument pursuant to Section 14(a20(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Collateral Agent or any of its Affiliatesother First Lien Secured Party, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Lender Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; , provided that any provision of this Guaranty Pledge Agreement may be waived by the Lender in a letter or agreement executed by Lender or by facsimile transmission from Lender. (b) Neither the Lender nor any of its Affiliates shall not by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, exercising on the part of the Lender or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the which Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; each Lender Party, provided that any provision of this Guaranty Guarantee may be waived by the Lender. (b) Neither Lender Parties in a letter or agreement executed by the Lender nor any of its Affiliates Parties or by telex or facsimile transmission from the Lender Parties. Each Lender Party shall not by any act of (except by a written instrument pursuant to Section 14(a13(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the any Lender or any of its AffiliatesParty, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the any Lender Party of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the which such Lender Party would otherwise have on any future occasion. (c) . The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Company and the Lender; Trustee, provided that any provision of this Guaranty Pledge Agreement may be waived by the LenderTrustee and the Noteholders in a letter or agreement executed by the Trustee or by telex or facsimile transmission from the Trustee. (b) Neither the Lender Trustee nor any of its Affiliates Noteholder shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Trustee or any of its AffiliatesNoteholder, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Trustee or any Noteholder of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender Trustee or such Noteholder would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 affected Guarantor(s) and the LenderCollateral Agent in accordance with Section 10.01 of the ABL Credit Agreement; provided provided, however, that any provision of this Guaranty may be waived supplemented (but no existing provisions may be modified) through agreements substantially in the form of Annex B, in each case duly executed by the Lendereach Guarantor directly affected thereby. (b) Neither the Lender Collateral Agent nor any of its Affiliates other ABL Secured Party shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Collateral Agent or any of its Affiliatesother ABL Secured Party, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Collateral Agent or any other ABL Secured Party of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Lender Collateral Agent or any ABL Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; Administrative Agent (on behalf of the Lenders or the Required Lenders, as the case may be), provided that any provision of this Guaranty Guarantee may be waived by the LenderAdministrative Agent (on behalf of the Lenders or the Required Lenders, as the case may be) in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent. (b) Neither the Lender Administrative Agent nor any of its Affiliates Lender shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Administrative Agent or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Limited Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Lender; provided that any provision of this Guaranty Limited Guarantee may be waived by the Lender in a written instrument executed by the Lender. (b) Neither the The Lender nor any of its Affiliates shall not by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender would otherwise have on any future occasion. (c) . The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 pursuant to a written instrument agreement executed by the Guarantor Pledgor and Investment Manager; provided, however, that this Agreement may be supplemented by each Stock Pledge Agreement Supplement delivered pursuant to this Agreement and the Lender; provided that any provision of schedules to this Guaranty Agreement may be waived amended and updated by Pledgor as and to the extent required by this Agreement to reflect (i) the ownership or acquisition by Pledgor of any Additional Capital Stock after the Closing Date, or (ii) any transfer of Capital Stock that is permitted by the LenderL/C Agreement. (b) Neither the Lender nor any of its Affiliates Investment Manager shall not by any act of (except by a written instrument pursuant to Section 14(a9.4(a) hereof) delayof this Agreement), indulgenceany failure to act, omission or otherwise any delay in acting be deemed to have (1) waived any right or remedy hereunder under this Agreement or to have any of the other Loan Documents, or (i) acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof of this Agreement or any of the Forbearance Agreement, or any other Loan DocumentDocuments. No failure to exercise, nor any delay in exercising, on the part of the Lender or any of its Affiliates, any right, power or privilege hereunder or of Investment Manager under the Forbearance Agreement, this Agreement or any of the other Loan Document Documents shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or of Investment Manager under the Forbearance Agreement, this Agreement or any of the other Loan Document Documents shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender by, or on behalf of Investment Manager of any right or remedy hereunder or under the Forbearance Agreement, this Agreement or any other Loan Document Agreement on any one anyone occasion shall not be construed as a bar to any right or remedy that the Lender Investment Manager would otherwise have on any future occasion. (c) The rights and remedies provided herein and to Investment Manager in the Forbearance Agreement, and the other Loan Documents this Agreement 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 each Pledgor, the Guarantor and Collateral Agent and, if any Senior Secured Obligations remain outstanding, the Lender; Administrative Agent, provided that any provision of this Guaranty Agreement may be -------- waived by the LenderCollateral Agent and, if any Senior Secured Obligations remain outstanding, the Administrative Agent in a letter or agreement executed by the Collateral Agent or by telex or facsimile transmission from the Collateral Agent and, if any Senior Secured Obligations remain outstanding, the Administrative Agent and, provided, further, -------- ------- that no such waiver, amendment, supplement or other modification which materially and adversely affects any Subordinated Secured Party shall be effective unless it shall have been consented to by the Trustee. (b) Neither the Lender Collateral Agent nor any of its Affiliates Secured Party shall by any act of (except by a written instrument pursuant to Section 14(aParagraph 21(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Collateral Agent or any of its AffiliatesSecured Party, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Collateral Agent or any Secured Party of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender Collateral Agent or such Secured Party would otherwise have on any future occasion. (c) The rights and remedies provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Copyright Security Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor each Grantor and the Lender; Trustee, provided that any provision of this Guaranty Copyright Security Agreement may be waived by the LenderTrustee and the Noteholders in a letter or agreement executed by the Trustee or by telex or facsimile transmission from the Trustee. (b) Neither the Lender Trustee nor any of its Affiliates Noteholder shall by any act of (except by a written instrument pursuant to Section 14(aparagraph 9(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Trustee or any of its AffiliatesNoteholder, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Trustee or any Noteholder of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender Trustee or such Noteholder would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Patent Security Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Company and the Lender; Trustee, provided that any provision of this Guaranty Patent Security Agreement may be waived by the LenderTrustee and the Noteholders in a letter or agreement executed by the Trustee or by telex or facsimile transmission from the Trustee. (b) Neither the Lender Trustee nor any of its Affiliates Noteholder shall by any act of (except by a written instrument pursuant to Section 14(aparagraph 8(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Trustee or any of its AffiliatesNoteholder, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Trustee or any Noteholder of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender Trustee or such Noteholder would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 HomeSide Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Lender; Administrative Agent, provided that any provision of this Guaranty HomeSide Guarantee may be waived by the LenderAdministrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent. (b) Neither the Lender Administrative Agent nor any of its Affiliates Lender shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Administrative Agent or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 affected Guarantor(s) and the Lender; provided that Second Lien Collateral Agent in accordance with Section 13.1 of the Credit Agreement or any comparable provision of this Guaranty may be waived by the Lenderany Additional Second Lien Agreement. (b) Neither the Lender Second Lien Collateral Agent nor any of its Affiliates other Second Lien Secured Party shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Second Lien Collateral Agent or any of its Affiliatesother Second Lien Secured Party, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Second Lien Collateral Agent or any other Second Lien Secured Party of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Lender Second Lien Collateral Agent or any Second Lien Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 affected Pledgor(s) and the Collateral Agent in accordance with Section 13.1 of the Credit Agreement. The Collateral Agent may, without the consent of any Lender; provided that , enter into any provision amendments to this Agreement (including modifications of the terms “Additional First Lien Agreement” and “Additional First Lien Obligations” and any provisions of this Guaranty may be waived Agreement referencing such terms) to reflect the issuance or Incurrence of any Indebtedness secured by a Lien permitted by Section 10.2(a) of the LenderCredit Agreement that is not secured by Liens granted under this Agreement. (b) Neither the Lender Collateral Agent nor any of its Affiliates other Secured Party shall by any act of (except by a written instrument pursuant to Section 14(a20(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documentapplicable Secured Debt Document or of any Additional First Lien Agreement. No failure to exercise, nor any delay in exercising, on the part of the Lender Collateral Agent or any of its Affiliatesother Secured Party, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Collateral Agent or any other Secured Party of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Lender Collateral Agent or such other Secured Party would otherwise have on any future other occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; provided that any provision of this Guaranty may be waived in a writing executed by the Lender. (b) Neither the The Lender nor any of its Affiliates shall not be deemed by any act of (except by a written instrument pursuant to Section 14(a) hereof) 12(a)), delay, indulgence, indulgence or omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Default, Event of Default, Guarantor Event of Default or in any breach of any of the terms and conditions hereof hereof, and, in the absence of a written instrument pursuant to Section 12(a), the Lender shall not be deemed to have waived any right, power, privilege or of the Forbearance Agreement, or any other Loan Documentremedy hereunder. No failure to exercise, nor any delay in exercising, on the part of the Lender or any of its AffiliatesLender, any right, power power, remedy or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power power, remedy or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender of any right right, power, privilege or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right right, power, privilege or remedy that the which Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; provided that any provision of this Guaranty may be waived by the LenderAdministrative Agent. (b) Neither the Lender Administrative Agent nor any of its Affiliates Lender shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Administrative Agent or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. (d) This Agreement may be supplemented and one or more additional Persons may become parties hereto from time to time, as described in and in accordance with the Credit Agreement, through the execution and delivery to the Administrative Agent of a Pledge Agreement Supplement substantially in the form of Annex I hereto. Each Pledgor agrees that the Administrative Agent may from time to time attach as Schedule 1 hereto an updated list of Pledged Collateral at the time of delivery of such Pledge Agreement Supplement.

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 Lender; provided Administrative Agent in accordance with Section 9.1 of the Credit Agreement. This Agreement shall be binding upon the successors and assigns of the Pledgors and shall inure to the benefit of the Administrative Agent and the Lenders and their respective successors and permitted assigns, except that no Pledgor may assign, transfer or delegate any provision of its rights or obligations under this Guaranty may be waived by Agreement without the Lenderprior written consent of the Administrative Agent. (b) Neither the Lender Administrative Agent nor any of its Affiliates Lender shall by any act of (except by a written instrument pursuant to Section 14(a) 19 hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Administrative Agent or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; Administrative Agent, provided that any provision of this Guaranty Guarantee may be -------- waived by the LenderAdministrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent. (ba) Neither the Lender Administrative Agent nor any of its Affiliates Lender shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Administrative Agent or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Administrative Agent or such Lender would otherwise have on any future occasion. (cb) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 affected Guarantor(s) and the Lender; provided that any provision Administrative Agent in accordance with Section 11.1 of this Guaranty may be waived by the LenderLiquidity Facility. (b) Neither the Lender Administrative Agent nor any of its Affiliates Secured Creditor shall by any act of (except by a written instrument pursuant to Section 14(a) hereof) 17(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Administrative Agent or any of its AffiliatesSecured Creditor, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Administrative Agent or any Secured Creditor of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Lender Administrative Agent or such Secured Creditor would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; provided that any provision of this Guaranty may be waived by the LenderAdministrative Agent. (b) Neither the Lender Administrative Agent nor any of its Affiliates Lender shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Administrative Agent or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. (d) This Agreement may be supplemented from time to time, as described in and in accordance with the Credit Agreement, through the execution and delivery to the Administrative Agent of a Pledge Agreement Supplement substantially in the form of Annex I hereto. The Pledgor agrees that the Administrative Agent may from time to time attach as Schedule 1 hereto an updated list of Pledged Collateral at the time of delivery of such Pledge Agreement Supplement.

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 affected Pledgor(s) and the Collateral Agent in accordance with Section 13.1 of the Second Lien Credit Agreement. The Collateral Agent may, without the consent of any Lender; provided that , enter into any provision amendments to this Agreement (including modifications of the terms “Additional Second Lien Agreement” and “Additional Second Lien Obligations” and any provisions of this Guaranty may be waived Agreement referencing such terms) to reflect the issuance or Incurrence of any Indebtedness secured by a Lien permitted by Section 10.2(a) of the LenderSecond Lien Credit Agreement that is not secured by Liens granted under this Agreement. (b) Neither the Lender Collateral Agent nor any of its Affiliates other Second Lien Secured Party shall by any act of (except by a written instrument pursuant to Section 14(a20(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documentapplicable Secured Debt Document or of any Additional Second Lien Agreement. No failure to exercise, nor any delay in exercising, on the part of the Lender Collateral Agent or any of its Affiliatesother Second Lien Secured Party, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Collateral Agent or any other Second Lien Secured Party of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Lender Collateral Agent or such other Second Lien Secured Party would otherwise have on any future other occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; Laurus, provided that any provision of this Guaranty Pledge Agreement may be waived by the LenderLaurus in a letter or agreement executed by Laurus or by facsimile transmission from Laurus. (b) Neither the Lender nor any of its Affiliates Laurus shall not by any act of (except by a written instrument pursuant to Section 14(a20(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, exercising on the part of the Lender or any of its AffiliatesLaurus, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Laurus of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Lender which Laurus would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; Administrative Agent, provided that any provision of this Guaranty Guarantee may be -------- waived by the LenderAdministrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent. (b) Neither the Lender Administrative Agent nor any of its Affiliates Lender shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Administrative Agent or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 The terms or provisions of this Guaranty Guarantee may be waived, amended, supplemented or otherwise modified except at any time and from time to time by a written instrument executed by the Guarantor and the Lender; provided that Agent but not by any provision other means. Any waiver, amendment, supplement or modification pursuant to this paragraph 14(a) shall be effective as against all of this Guaranty may be waived the Borrower Creditors notwithstanding any reliance by the LenderBorrower Creditors or any of them on this Guarantee prior thereto. (b) Neither the Agent nor the Issuing Bank nor any Lender nor the Trustee nor any of its Affiliates Holder nor any other Borrower Creditor shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Agent, the Issuing Bank, any Lender, the Trustee, any Holder or any of its Affiliatesother Borrower Creditor, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Agent, the Issuing Bank, any Lender, the Trustee, any Holder or any other Borrower Creditor of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender Agent, the Issuing Bank, such Lender, the Trustee, such Holder or such other Borrower Creditor would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; , provided that any provision of this Guaranty Guarantee for the benefit of the Lender may be waived by the Lender in a letter or agreement executed by the Lender or by telex or facsimile transmission from the Lender. (b) Neither the The Lender nor any of its Affiliates shall not by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; Trustee, provided that any provision of this Guaranty Agreement may be waived by the LenderTrustee in a letter or agreement executed by the Trustee or by telex or facsimile transmission from the Trustee. (b) Neither the Lender Trustee nor any Holder of its Affiliates Senior Secured Notes shall by any act of (except by a written instrument pursuant to Section 14(aparagraph 21(a) hereof) ), delay, indulgence, omission or otherwise be other- wisebe deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender or any of its AffiliatesTrustee, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or here- under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Trustee of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one anyone occasion shall not be construed as a bar to any right or remedy that which the Lender Trustee would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; , provided that any provision of this Guaranty Guarantee may be waived by the Lender. (b) Neither Lender in a letter or agreement executed by the Lender nor any of its Affiliates or by facsimile transmission from the Lender. The Lender shall not by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender would otherwise have on any future occasion. (c) . The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 LenderJPM Chase; provided that any provision of this Guaranty may be waived in writing by the LenderJPM Chase. (b) Neither the Lender nor any of its Affiliates JPM Chase shall not be deemed by any act of (except by a written instrument pursuant to Section 14(a) hereof) 17(a)), delay, indulgence, omission or otherwise be deemed to have waived any right right, power, privilege or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default Default, Guarantor Event of Default, or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender or any of its AffiliatesJPM Chase, any right, power power, remedy or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power power, remedy or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender JPM Chase of any right right, power, privilege or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right right, power, privilege or remedy that the Lender which JPM Chase would otherwise have on any future occasion. (c) The rights rights, powers, privileges and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights rights, powers, privileges or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None Except as provided in Section 2(b), 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 Lender; provided Trustee, PROVIDED that any provision of this Guaranty Guarantee may be waived by the LenderTrustee and the Holders in a letter or agreement executed by the Trustee or by telex or facsimile transmission from the Trustee. (b) Neither the Lender Trustee nor any of its Affiliates Holder shall by any act of (except by a written instrument pursuant to Section 14(a) hereof) PARAGRAPH (a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Trustee or any of its AffiliatesHolder, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Trustee or any Holder of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender Trustee or such Holder would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; Trustee, provided that any provision of this Guaranty Agreement may be waived by the LenderTrustee on behalf of the Holders of the Senior Secured Notes Guarantee pursuant to the terms of the Indentures, in a letter or agreement executed by the Trustee or by telex or facsimile transmission from the Trustee. (b) Neither the Lender Trustee nor any Holder of its Affiliates the Senior Secured Notes Guarantee shall by any act of (except by a written instrument pursuant to Section 14(aparagraph 19(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender or any of its AffiliatesTrustee, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Trustee of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender Trustee would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Company and the Lender; Trustee, provided that any provision of this Guaranty Agreement may be waived by the LenderTrustee and the Noteholders in a letter or agreement executed by the Trustee or by telex or facsimile transmission from the Trustee. (b) Neither the Lender Trustee nor any of its Affiliates Noteholder shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Trustee or any of its AffiliatesNoteholder, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Trustee or any Noteholder of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender Trustee or such Noteholder would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; Trustee, provided that any provision of this Guaranty Agreement may be waived by the LenderTrustee on behalf of the Holders of the Senior Secured Notes in a letter or agreement executed by the Trustee or by telex or facsimile transmission from the Trustee. (b) Neither the Lender Trustee nor any Holder of its Affiliates the Senior Secured Notes shall by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender or any of its AffiliatesTrustee , any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Trustee of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender Trustee would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; Collateral Agent, provided that that, at any Guarantor's -------- request, any provision of this Guaranty Guarantee for the benefit of the Collateral Agent and/or the Secured Parties may be waived by the LenderCollateral Agent and the other Secured Parties in a letter or agreement executed by the Collateral Agent or by telex or facsimile transmission from the Collateral Agent. (b) Neither the Lender Collateral Agent nor any of its Affiliates other Secured Party shall by any act of (except by a written instrument pursuant to Section 14(aparagraph 19(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Collateral Agent or any of its Affiliatesother Secured Party, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Collateral Agent or any other Secured Party of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender Collateral Agent or such other Secured Party would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 affected Pledgor and the LenderAdministrative Agent in accordance with Section 9.02 of the Credit Agreement and Section 4.1 of the Collateral Agency Agreement; provided provided, however, that the requisite written consent of the holders of the applicable Equal and Ratable Debt and/or the applicable Equal and Ratable Debt Agent under the applicable E&R Debt Instrument shall be required with respect to any provision release, waiver, amendment or other modification of this Guaranty may be waived by Pledge Agreement that would materially and adversely affect the Lenderrights of the holders of one or more series of the Equal and Ratable Debt to equally and ratably share in the security provided for herein with respect to the Collateral. Except as set forth in this Section 20, neither the holders of any of the Equal and Ratable Debt nor any of the Equal and Ratable Debt Agents shall have any rights to approve any release, waiver, amendment, modification, charge, discharge or termination with respect to this Pledge Agreement. (b) Neither the Lender Collateral Agent nor any of its Affiliates Secured Party shall by any act of (except by a written instrument pursuant to Section 14(a20(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Collateral Agent or any of its Affiliatesother Secured Party, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Collateral Agent or any other Secured Party of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Lender Collateral Agent or such other Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Trademark Security Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Company and the Lender; Trustee, provided that any provision of this Guaranty Trademark Security Agreement may be waived by the LenderTrustee and the Noteholders in a letter or agreement executed by the Trustee or by telex or facsimile transmission from the Trustee. (b) Neither the Lender Trustee nor any of its Affiliates Noteholder shall by any act of (except by a written instrument pursuant to Section 14(aparagraph 9(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Trustee or any of its AffiliatesNoteholder, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Trustee or any Noteholder of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender Trustee or such Noteholder would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Parent Guarantor and Buyer; provided, that on any date on or prior to the Lender; provided that date on which all obligations of Seller and Parent Guarantor under the Principal Agreements are fully satisfied, any provision of this Guaranty may be waived by the Lender.Buyer by a written instrument executed by Buyer, (b) Neither the Lender nor any of its Affiliates Buyer shall not by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender or any of its AffiliatesBuyer, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Buyer of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Lender which Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 LenderLBB; provided provided, that any provision of this Guaranty may be waived by the LenderLBB in a letter or agreement executed by LBB or by telex or facsimile transmission from LBB. (b) Neither the Lender nor any of its Affiliates LBB shall not by any act of (except by a written instrument pursuant to Section 14(a7(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender or any of its AffiliatesLBB, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender LBB of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Lender LBB would otherwise have on any future occasion. (c) . The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Trademark Security Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Company and the Lender; Trustee, provided that any provision of this Guaranty Trademark Security Agreement may be waived by the LenderTrustee and the Noteholders in a letter or agreement executed by the Trustee or by telex or facsimile transmission from the Trustee. (b) Neither the Lender Trustee nor any of its Affiliates Noteholder shall by any act of (except by a written instrument pursuant to Section 14(aparagraph 8(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Trustee or any of its AffiliatesNoteholder, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Trustee or any Noteholder of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Lender Trustee or such Noteholder would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 to which such amendment, supplement or modification applies and the Lender; SIHL, provided that any provision of this Guaranty Agreement to be enforced against SIHL may be waived by the LenderSIHL in a letter or agreement executed by SIHL or by facsimile transmission from SIHL. (b) Neither the Lender nor any of its Affiliates SIHL shall not by any act of (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 Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender or any of its AffiliatesSIHL, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender SIHL of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Lender which SIHL would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 affected Pledgor and the Lender; Administrative Agent in accordance with Section 14.1 of the Credit Agreement and, after the First Lien Intercreditor Effective Date, by each other Authorized Representative to the extent required by (and in accordance with) the applicable Additional First Lien Agreement or as otherwise provided that any provision of this Guaranty may be waived by in the LenderFirst Lien Intercreditor Agreement. (b) Neither the Lender Collateral Agent nor any of its Affiliates First Lien Secured Party shall by any act of (except by a written instrument pursuant to Section 14(a20(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Collateral Agent or any of its Affiliatesother First Lien Secured Party, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that the Lender Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided herein and in the Forbearance Agreement, and the other Loan Documents are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. 21.

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 Lender; Agent, provided that any provision of this Guaranty Agreement may be waived by the LenderAgent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent. (b) Neither the Lender Agent nor any of its Affiliates Lender shall by any act of (except by a written instrument pursuant to Section 14(asubsection 20(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Agent or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; Administrative Agent, provided that any provision of this Guaranty Guarantee may -------- be waived by the LenderAdministrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent. (ba) Neither the Lender Administrative Agent nor any of its Affiliates Lender shall by any act of (except by a written instrument pursuant to Section 14(aparagraph 15(a) hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Forbearance Default or Event of Default or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender Administrative Agent or any of its AffiliatesLender, any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that which the Administrative Agent or such Lender would otherwise have on any future occasion. (cb) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents 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 Lender; provided that any provision of this Guaranty may be waived in writing by the Lender. (b) Neither the Lender nor any of its Affiliates shall not be deemed by any act of (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 Forbearance Default or Event of Default under the Loan Agreement or in any breach of any of the terms and conditions hereof or of the Forbearance Agreement, or any other Loan Documenthereof. No failure to exercise, nor any delay in exercising, on the part of the Lender or any of its AffiliatesLender, any right, power power, remedy or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise, on the part of the Lender, exercise of any right, power power, remedy or privilege hereunder or under the Forbearance Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Lender of any right right, power, privilege or remedy hereunder or under the Forbearance Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right right, power, privilege or remedy that the which Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided herein and in the Forbearance Agreement, and the other Loan Documents are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.