Common use of Section 5.11 – Limited Guarantee Clause in Contracts

Section 5.11 – Limited Guarantee. Section 5.11 of the Merger Agreement is amended and restated as follows: “As of the date of the First Amendment, Parent and Merger Sub have delivered to the Company an amended and restated limited guarantee of the Sponsors in favor of the Company, dated as of April 6, 2012 (as amended, modified or supplemented from time to time in accordance with its terms, the “Limited Guarantee”). The Limited Guarantee is in full force and effect and, subject to the Enforceability Exceptions, constitutes the legal, valid and binding obligation of the Sponsors, enforceable in accordance with its terms, and has not, other than the amendment and restatement of the Limited Guarantee on April 6, 2012, been amended, withdrawn or rescinded in any respect. No event has occurred which, with or without notice, lapse of time or both, would constitute a default on the part of the Sponsors under the Limited Guarantee.”

Section 5.11 – Limited Guarantee. Section 5.11 of the Merger Agreement is amended and restated as follows: “As of the date of the First Third Amendment, Parent and Merger Sub have delivered to the Company an a third amended and restated limited guarantee of the Sponsors in favor of the Company, dated as of April 620, 2012 (as amended and restated and as may be amended, modified or supplemented from time to time in accordance with its terms, the “Limited Guarantee”). The Limited Guarantee is in full force and effect and, subject to the Enforceability Exceptions, constitutes the legal, valid and binding obligation of the Sponsors, enforceable in accordance with its terms, and has not, other than the amendment and restatement of the Limited Guarantee on April 6, 2012, not been amended, withdrawn or rescinded in any respect. No event has occurred which, with or without notice, lapse of time or both, would constitute a default on the part of the Sponsors under the Limited Guarantee.”

Section 5.11 – Limited Guarantee. Section 5.11 of the Merger Agreement is amended and restated as follows: “As of the date of the First Second Amendment, Parent and Merger Sub have delivered to the Company an a second amended and restated limited guarantee of the Sponsors in favor of the Company, dated as of April 618, 2012 (as amended and restated and as may be amended, modified or supplemented from time to time in accordance with its terms, the “Limited Guarantee”). The Limited Guarantee is in full force and effect and, subject to the Enforceability Exceptions, constitutes the legal, valid and binding obligation of the Sponsors, enforceable in accordance with its terms, and has not, other than the amendment and restatement of the Limited Guarantee on April 6, 2012, not been amended, withdrawn or rescinded in any respect. No event has occurred which, with or without notice, lapse of time or both, would constitute a default on the part of the Sponsors under the Limited Guarantee.”