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 Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the Agent. (b) Neither the Agent nor any Lender shall by any act (except by a written instrument pursuant to Section 17(a) hereof), be deemed to delay, indulge, omit or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the Agent, provided that any provision of this Agreement Guarantee may be waived by the -------- Agent, on behalf of Agent and the Lenders, Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent. (b) Neither the Agent nor any Lender shall by any act (except by a written instrument pursuant to Section 17(a14(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Guarantor and the Administrative Agent (other than supplements, in form and substance acceptable to the Administrative Agent, for the purpose of adding new Guarantors), provided that any provision of this Agreement Guarantee may be waived by the -------- Agent, on behalf of Administrative Agent and the Lenders, Lenders 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 shall by any act (except by a written instrument pursuant to Section 17(aparagraph 16(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender would otherwise have on any future occasion. (c) . The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and the Agent, as provided that any provision of this Agreement may be waived by the -------- Agent, on behalf in Section 7.02 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentFrench Credit Agreement. (b) Neither the Agent nor any The Lender shall not by any act (except by a written instrument pursuant to Section 17(a14(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any Lender, Lender any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

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

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of ----------------------------------------------------- the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the AgentLender, provided that any provision of this Agreement Guarantee may be waived by the -------- Agent, on behalf of the Lenders, Lender in a letter or agreement executed by the Agent Lender or by telex or facsimile transmission from the AgentLender. (b) Neither the Agent nor any The Lender shall not by any act (except by a written instrument pursuant to Section 17(aparagraph 12(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

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

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Borrower and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Administrative Agent in accordance with Section 11.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Agent Administrative Agent, any Other Representative nor any Lender shall by any act (except by a written instrument pursuant to Section 17(aparagraph 18(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent Administrative Agent, any Other Representative or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent Administrative Agent, any Other Representative or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent Administrative Agent, such Other Representative or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Borrower and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf of Agent and the Lenders, Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent. (b) Neither the Agent nor any Lender shall by any act (except by a written instrument pursuant to Section 17(asubsection 20(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Guarantor(s) and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Collateral Agent in accordance with Section 13.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentRevolving Credit Agreement. (b) Neither the Collateral Agent nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 17(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Collateral Agent or any Lenderother Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such Lender any Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

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

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

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Key Principal and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf of Agent and the Lenders, Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent. (b) Neither the Agent nor any Lender shall by any act (except by a written instrument pursuant to Section 17(a14(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) 10.1 None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and Guarantor, the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Beneficiaries in accordance with Section 14.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither 10.2 None of the Agent nor any Lender Beneficiaries shall by any act (except by a written instrument pursuant to Section 17(a) 10.1 hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any LenderBeneficiaries, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender Beneficiaries of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Agent or such Lender Beneficiaries would otherwise have on any future occasion. (c) 10.3 The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

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

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

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Pledgor and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Collateral Agent in accordance with Section 12.01 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Collateral Agent nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 17(a20(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Collateral Agent or any Lenderother Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such Lender other Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Guarantor and the Administrative Agent, ; provided that any provision of this Agreement Guaranty may be waived in writing by the -------- Agent, on behalf of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the Administrative Agent. (b) Neither the Agent nor any Lender No Buyer Party shall be deemed by any act (except by a written instrument pursuant to this Section 17(a) hereof17), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived 755039518 22720164 ​ any right right, power, privilege or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any LenderBuyer Party, any right, power power, remedy or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power power, remedy or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender a Buyer Party of any right right, power, privilege or remedy hereunder on any one occasion shall not be construed as a bar to any right right, power, privilege or remedy which the Agent or such Lender any Buyer Party would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or of provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the AgentCompany, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf of the Lenders, Company in a letter or agreement executed by the Agent Company or by telex or facsimile transmission from the AgentCompany. (b) Neither the Agent nor any Lender The Company shall not by any act (except by a written instrument pursuant to Section 17(aparagraph 11(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of or Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any LenderCompany, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender Company of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender Company otherwise would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently concurrently, and are not exclusive of any other rights or remedies provided by law.

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

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

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Guarantor(s) and the Agent, provided that Second Lien Collateral Agent in accordance with Section 13.1 of the Credit Agreement or any comparable provision of this Agreement may be waived by the -------- Agent, on behalf of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the Agentany Additional Second Lien Agreement. (b) Neither the Second Lien Collateral Agent nor any Lender other Second Lien Secured Party shall by any act (except by a written instrument pursuant to Section 17(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Second Lien Collateral Agent or any Lenderother Second Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Second Lien Collateral Agent or any Lender other Second Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Second Lien Collateral Agent or such Lender any Second Lien Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each affected Guarantor(s) and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Administrative Agent in accordance with Section 13.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Administrative Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 17(a) hereof16(a)), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any LenderSecured Party, any right, remedy, power or privilege hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver by the Administrative Agent or any Lender Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender any Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Guarantor and the Agent, provided that any provision of this Agreement Guarantee may be waived by the -------- Agent, on behalf of Agent and the Lenders, Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent. (b) Neither the Agent nor any Lender shall by any act (except by a written instrument pursuant to Section 17(aparagraph 18(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Guarantor(s) and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Agents in accordance with Section 13.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentSenior Subordinated Loan Agreement. (b) Neither the Agent Agents nor any Lender shall by any act (except by a written instrument pursuant to Section 17(a) hereof)), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent Agents or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent Agents or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Agent Agents or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Executive and the AgentCompany, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf of the Lenders, Company in a letter or agreement executed by the Agent Company or by telex or facsimile transmission from the AgentCompany. (ba) Neither the Agent nor any Lender The Company shall not by any act (except by a written instrument pursuant to Section 17(a) paragraph 11 hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any LenderCompany, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender Company of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender Company would otherwise have on any future occasion. (cb) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None ------------------------------------------------------------ of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and the Agent, as provided that any provision of this Agreement may be waived by the -------- Agent, on behalf in Section 9.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Investors, Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 17(a15(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Investors, Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the both Investors, Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Investors, Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantors and the Agent, Agent as provided that any provision of this Agreement may be waived by the -------- Agent, on behalf in Section 9.1 of the Lenders, in a letter or agreement executed by Credit Agreement and the Agent or by facsimile transmission from the AgentRequired Investors. (b) Neither the Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 17(a14(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any LenderBeneficiary, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender Beneficiary of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender Beneficiary would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Pledgor and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Collateral Agent in accordance with Section 13.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentABL Credit Agreement. (b) Neither the Collateral Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 17(a) hereof19(a)), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Collateral Agent or any Lenderother Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such Lender other Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) c. None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the Administrative Agent, provided that any provision of this Agreement Guarantee may be waived by the -------- Agent, on behalf of Administrative Agent and the Lenders, Banks in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent. (b) 33.1 Neither the Administrative Agent nor any Lender Bank shall by any act (except by a written instrument pursuant to Section 17(a15(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any LenderBank, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender Bank of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender Bank would otherwise have on any future occasion. (c) 33.2 The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement US Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected US Guarantor(s) and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf US Collateral Agent in accordance with Section 13.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the US Collateral Agent nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 17(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the US Collateral Agent or any Lenderother Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the US Collateral Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the US Collateral Agent or such Lender any Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the AgentWorldCom, provided that any provision of this Agreement may be waived by WorldCom and the -------- Agent, on behalf of the Lenders, other Assumption Agreement Beneficiaries in a letter or agreement executed by the Agent WorldCom or by telex or facsimile transmission from the AgentWorldCom. (b) Neither the Agent WorldCom nor any Lender of the other Assumption Agreement Beneficiaries shall by any act (except by a written instrument pursuant to Section 17(aparagraph 18(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent WorldCom or any Lenderof the other Assumption Agreement Beneficiaries, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent WorldCom or any Lender of the other Assumption Agreement Beneficiaries of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent WorldCom or any such Lender Assumption Agreement Beneficiaries would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Subsidiary Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and the Agent, as provided that any provision of this Agreement may be waived by the -------- Agent, on behalf in Section 9.08 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Administrative Agent nor any Lender shall by any act (except by a written instrument pursuant to Section 17(a10(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the Administrative Agent; provided, provided that any provision of this Agreement Guaranty may be waived by the -------- Agent, on behalf of the Lenders, in Administrative Agent by a letter or agreement written instrument executed by the Agent or by facsimile transmission from the Administrative Agent. (b) Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 17(a16(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any LenderAdministrative Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

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

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Pledgor and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Collateral Agent in accordance with Section 11.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentDIP Credit Agreement. (b) Neither the Collateral Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 17(a20(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Collateral Agent or any Lenderother Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such Lender other Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf in accordance with Section 14.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Collateral Agent nor any Lender other Foreign Obligations Secured Party shall by any act (except by a written instrument pursuant to Section 17(a) hereofl 6(a)), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Collateral Agent or any Lenderother Foreign Obligations Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender other Foreign Obligations Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such Lender any Foreign Obligations Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Guarantor and the Administrative Agent, ; provided that any provision of this Agreement Guaranty may be waived in writing by the -------- Agent, on behalf of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the Administrative Agent. (b) Neither the Agent nor any Lender No Buyer Party shall be deemed by any act (except by a written instrument pursuant to this Section 17(a) hereof17), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right right, power, privilege or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any LenderBuyer Party, any right, power power, remedy or privilege hereunder shall 755039565 22720164 ​ operate as a waiver thereof. No single or partial exercise of any right, power power, remedy or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender a Buyer Party of any right right, power, privilege or remedy hereunder on any one occasion shall not be construed as a bar to any right right, power, privilege or remedy which the Agent or such Lender any Buyer Party would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors such Pledgor and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf of Agent and the Lenders, Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent. (b) Neither the Agent nor any Lender shall by any act (except by a written instrument pursuant to Section 17(asubsection 20(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Administrative Agent in accordance with Section 11.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Agent Administrative Agent, any Other Representative nor any Lender shall by any act (except by a written instrument pursuant to Section 17(aparagraph 18(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent Administrative Agent, any Other Representative or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent Administrative Agent, any Other Representative or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent Administrative Agent, such Other Representative or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Pledgor in any way affected thereby and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf of Agent and the Lenders, Secured Parties in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent. (b) Neither the Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 17(a) hereofparagraph 21(a)hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any Lender, Secured Party any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender Secured Party would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Pledgor and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Administrative Agent in accordance with Section 14.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Administrative Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 17(a16(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to or exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any Lenderother secured Party, any right, power or privilege hereunder shall operate as a waiver thereofhereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender would other Secured Party otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Borrower and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Administrative Agent in accordance with Section 11.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Administrative Agent nor any Lender Secured Creditor shall by any act (except by a written instrument pursuant to Section 17(a) hereof19(a)), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any LenderSecured Creditor, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender Secured Creditor of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender Secured Creditor would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Pledgor and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Collateral Agent in accordance with Section 9.01 or 9.02 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentIndenture. (b) Neither the Collateral Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 17(a20(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Collateral Agent or any Lenderother Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such Lender other Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None Other than in the case of the ----------------------------------------------------- delivery of a Supplement by an additional Guarantor or the release or discharge of a Guarantor in accordance with the Credit Documents, none of the terms or provisions of this Agreement Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each affected Guarantor and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Administrative Agent in accordance with Section 13.3 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Administrative Agent nor any Lender other Guaranteed Party shall by any act (except by a written instrument pursuant to Section 17(a17 (a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any Lenderother Guaranteed Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender other Guaranteed Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender any Guaranteed Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf of Agent and the Lenders, Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent. (b) Neither the Agent nor any Lender shall by any act (except by a written instrument pursuant to Section 17(asubsection 18(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None Other than in the case of the ----------------------------------------------------- delivery of a Supplement by an additional Guarantor or the release of a Guarantor in accordance with the Credit Documents, none of the terms or provisions of this Agreement Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each affected Guarantor and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Administrative Agent in accordance with Section 13.3 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Administrative Agent nor any Lender other Guaranteed Party shall by any act (except by a written instrument pursuant to Section 17(a17 (a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any Lenderother Guaranteed Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender other Guaranteed Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender any Guaranteed Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Guarantor(s) and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Administrative Agent in accordance with Section 14.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Administrative Agent nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 17(a) hereof5.8(a)), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any exercise and no delay in exercising exercising, on the part of the Administrative Agent or any Lenderother Secured Party, any right, remedy, power or privilege hereunder shall operate as a waiver thereof. No ; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver by the Administrative Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender any Secured Party would otherwise have on any future occasion. (c) and subject to Section 14.17 of the Credit Agreement The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies rights, remedies, powers and privileges provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Pledgor and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf applicable Administrative Agent in accordance with Section 13.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Collateral Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 17(a20(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Collateral Agent or any Lenderother Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such Lender other Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor, the Administrative Agent and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentSecurities Intermediary. (b) Neither the Administrative Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 17(a18(a) hereof), be deemed to ) of delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any LenderSecured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender Secured Party would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Bank, the Borrower and the Agent, holders of more than 50% of the aggregate principal amount of the Subordinated Notes; provided that any provision of this Agreement may be waived by the -------- Agent, on behalf of the Lenders, Bank in a letter or agreement executed by the Agent Bank or by telex or facsimile transmission from the AgentBank. (b) Neither the Agent nor any Lender shall by any act (except by a written instrument pursuant to Section 17(a) hereof), be deemed to delay, indulge, omit or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any LenderBank, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. (d) The Subordinated Note Holders and the Borrower hereby jointly and severally agree that each of the Subordinated Note Holders and the Borrower shall not amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of the Subordinated Notes, except to the extent expressly permitted by Section 6.15 of the Senior Credit Agreement.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Administrative Agent in accordance with Section 9.02 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Administrative Agent nor any Lender shall by any act (except by a written instrument pursuant to Section 17(a) hereof19(a)), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Guarantor(s) and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Collateral Agent in accordance with Section 13.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Collateral Agent nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 17(a) hereof5.10(a)), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any exercise and no delay in exercising exercising, on the part of the Collateral Agent or any Lenderother Secured Party, any right, remedy, power or privilege hereunder shall operate as a waiver thereof. No ; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver by the Collateral Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Agent or such Lender any Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies rights, remedies, powers and privileges provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None Subject to subsection 9.1 of the ----------------------------------------------------- Credit Agreement, none of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the Administrative Agent. (b) Neither the Administrative Agent nor any Lender shall by any act (except by a written instrument pursuant to Section 17(a16(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Subsidiary Guarantor and the Administrative Agent, provided that any provision of this Agreement Subsidiary Guarantee may be waived by the -------- Agent, on behalf of Administrative Agent and the Lenders, Lenders in a letter or agreement executed by the Agent or by facsimile transmission from the Agent. (b) . Neither the Administrative Agent nor any Lender shall by any act (except by a written instrument pursuant to Section 17(aparagraph 7(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender would otherwise have on any future occasion. (c) . The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the AgentLender, provided that any provision of this Agreement Guarantee may be waived by the -------- Agent, on behalf of the Lenders, Lender in a letter or agreement executed by the Agent Lender or by telex or facsimile transmission from the AgentLender. (b) Neither the Agent nor any The Lender shall not by any act (except by a written instrument pursuant to Section 17(aparagraph 13(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and the Agent, as provided that any provision of this Agreement may be waived by the -------- Agent, on behalf in Section 15.5 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentParticipation Agreement. (b) Neither the Agent nor any Lender The Lessor shall not by any act (except by a written instrument pursuant to Section 17(a15(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Unmatured Default or Guarantee Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf of Agent and the Lenders, Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent. (b) Neither the Agent nor any Lender shall by any act (except by a written instrument pursuant to Section 17(asubsection 18(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Pledgor and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Collateral Agent in accordance with Article 10 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentIndenture. (b) Neither the Collateral Agent nor any Lender Secured Party shall by any act or omission (except by a written instrument pursuant to Section 17(a) hereof19(a)), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Collateral Agent or any Lenderother Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such Lender other Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Pledgor and the AgentNotes Collateral Agent in accordance with Section 9.01 or 9.02, provided that any provision of this Agreement may be waived by the -------- Agentas applicable, on behalf of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentIndenture. (b) Neither the Notes Collateral Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 17(a20(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Notes Collateral Agent or any Lenderother Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Notes Collateral Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Notes Collateral Agent or such Lender other Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Obligor and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Administrative Agent in accordance with Section 10.02 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentLoan Agreement. (b) Neither the Agent nor any Lender No Guaranteed Creditor shall by any act (except by a written instrument pursuant to Section 17(a5.06(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any exercise and no delay in exercising exercising, on the part of the Agent or any LenderGuaranteed Creditor, any right, remedy, power or privilege hereunder shall operate as a waiver thereof. No ; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver by the Agent or any Lender Guaranteed Creditor of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender Guaranteed Creditor would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently cumulative and are not exclusive of any other rights or remedies rights, remedies, powers and privileges provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Guarantor(s) and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Administrative Agent in accordance with Section 13.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Administrative Agent nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 17(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any LenderAdministrative Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender any Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Pledgor and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Administrative Agent in accordance with Section 13.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Collateral Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 17(a20(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Collateral Agent or any Lenderother Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such Lender other Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the AgentMLMCI, provided that any provision of this Agreement Guarantee may be waived by the -------- Agent, on behalf of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentMLMCI. (b) Neither the Agent nor any Lender MLMCI shall not by any act (except by a written instrument pursuant to Section 17(a15(a) hereofof this Guarantee), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofof this Guarantee. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any LenderMLMCI, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender MLMCI of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender MLMCI would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Guarantor and the Agent, provided that any provision of this Agreement Guarantee may be waived by the -------- Agent, on behalf of Agent and the Lenders, Lenders and the Issuing Lender in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent. (b) Neither the Agent nor any Lender nor the Issuing Lender shall by any act (except by a written instrument pursuant to Section 17(a18(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any Lender or the Issuing Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender or the Issuing Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender or the Issuing Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the Administrative Agent, provided that any provision of this Agreement Guarantee may be -------- waived by the -------- Agent, on behalf of Administrative Agent and the Lenders, Lenders 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 shall by any act (except by a written instrument pursuant to Section 17(aparagraph 13(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Subsidiary Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf in accordance with Section 10.02 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Administrative Agent nor any Lender shall by any act (except by a written instrument pursuant to Section 17(a15(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Pledgor and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Collateral Agent in accordance with Article Nine of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentIndenture. (b) Neither the Collateral Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 17(a) hereof19(a)), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Collateral Agent or any Lenderother Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such Lender other Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

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

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Guarantor and the Administrative Agent, ; provided that any provision of this Agreement Guarantee may be waived by the -------- Agent, on behalf Administrative Agent and other holders of the Lenders, Obligations in a letter or agreement executed by the Administrative Agent or by facsimile or other electronic transmission from the Administrative Agent. (b) Neither the Administrative Agent nor any Lender other holder of the Obligations shall by any act (except by a written instrument pursuant to Section 17(a15(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any Lenderother holder of the Obligations, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender other holder of the Obligations of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender other holder of the Obligations would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

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

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Pledge Agreement may be waived, amended, restated, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Pledgor and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Collateral Agent in accordance with Section 13.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Collateral Agent nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 17(a) hereof19(a)), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Collateral Agent or any Lenderother Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such Lender other Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Guarantor(s) and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Administrative Agent in accordance with Section 13.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Administrative Agent nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 17(a) hereof5.11(a)), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any exercise and no delay in exercising exercising, on the part of the Administrative Agent or any Lenderother Secured Party, any right, remedy, power or privilege hereunder shall operate as a waiver thereof. No ; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver by the Administrative Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender any Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies rights, remedies, powers and privileges provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement BMC Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the Administrative Agent, provided PROVIDED that any provision of this Agreement BMC Guarantee may be waived by the -------- Agent, on behalf of Administrative Agent and the Lenders, Lenders 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 shall by any act (except by a written instrument pursuant to Section 17(a) hereofparagraph 15(a)), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

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

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Administrative Agent in accordance with Section 14.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Administrative Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 17(a20(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any Lenderother Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender other Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Guarantors and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Administrative Agent in accordance with Section 9.02 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentRevolving Credit Agreement. (b) Neither the Administrative Agent nor any Lender other Guaranteed Party shall by any act (except by a written instrument pursuant to Section 17(a) hereof16(a)), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any Lenderother Guaranteed Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender other Guaranteed Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender any Guaranteed Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the Administrative Agent, provided that any provision of this Agreement Guarantee may be waived by the -------- Agent, on behalf of Administrative Agent and the Lenders, Lenders in a letter or agreement executed by the Administrative Agent or by facsimile transmission from the Administrative Agent. (b) Neither the Administrative Agent nor any Lender shall by any act (except by a written instrument pursuant to Section 17(aparagraph 15(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and the Agent, as provided that any provision of this Agreement may be waived by the -------- Agent, on behalf in Section 9.02 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Administrative Agent nor any Lender shall by any act (except by a written instrument pursuant to Section 17(a13(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any Lender, Lender any right, right power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

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

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Guarantor and the Administrative Agent, provided that any provision of this Agreement Guarantee may be waived by the -------- Agent, on behalf of the Lenders, Administrative Agent in a letter or agreement executed by the Administrative Agent or by facsimile transmission from the Administrative Agent. (b) Neither the Administrative Agent nor any Lender shall by any act (except by a written instrument pursuant to Section 17(aparagraph 16(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such any Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Guarantor(s), the Administrative Agent and the AgentLenders required to sign such amendment, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf waiver or consent in accordance with Section 11.01 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Administrative Agent nor any Lender Secured Creditor shall by any act (except by a written instrument pursuant to Section 17(a) hereof)), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any LenderSecured Creditor, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the any Agent or any Lender Secured Creditor of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the that such Agent or such Lender Secured Creditor would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf in accordance with Section 14.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Collateral Agent nor any Lender other Foreign Obligations Secured Party shall by any act (except by a written instrument pursuant to Section 17(a) hereof16(a)), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Collateral Agent or any Lenderother Foreign Obligations Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender other Foreign Obligations Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such Lender any Foreign Obligations Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the Administrative Agent, ; provided that any provision of this Agreement Guaranty may be waived by the -------- Agent, on behalf of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the Administrative Agent. (b) Neither the Administrative Agent nor any Lender of its Affiliates shall by any act of (except by a written instrument pursuant to Section 17(a16(a) hereof), be deemed to ) delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofhereof or of the Credit Agreement, or any other Loan Document. No failure to exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any Lenderof its Affiliates, any right, power or privilege hereunder or under the Credit Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise exercise, on the part of the Administrative Agent, of any right, power or privilege hereunder or under the Credit 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 Credit Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies provided herein provided and in the Credit 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 Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Guarantors and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Collateral Agent in accordance with Section 13.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentDIP Credit Agreement. (b) Neither the Collateral Agent nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 17(a) hereof)), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Collateral Agent or any Lenderother Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such Lender any Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the AgentAgent on behalf of the Guaranteed Parties, provided that any provision of this Agreement Guarantee may be waived by the -------- Agent, on behalf of the Lenders, Guaranteed Parties in a letter or agreement executed by the Agent or by telex, electronic or facsimile transmission from the Agent. (b) Neither the Agent nor any Lender No Guaranteed Party shall by any act (except by a written instrument pursuant to Section 17(a14(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any LenderGuaranteed Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender Guaranteed Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender Guaranteed Party would otherwise have on any future occasion. (c) . The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and the Agent, as provided that any provision of this Agreement may be waived by the -------- Agent, on behalf in Section 12.01 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the any Agent nor any Lender shall by any act (except by a written instrument pursuant to Section 17(aXIX(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the any Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the any Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the such Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None ----------------------------------------------------- of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and the Agent, as provided that any provision of this Agreement may be waived by the -------- Agent, on behalf in Section 9.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Agent nor any Lender shall by any act (except by a written instrument pursuant to Section 17(a16(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

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

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the AgentBuyer, provided that any provision of this Agreement Guaranty may be waived by the -------- Agent, on behalf of the Lenders, Buyer in a letter or agreement executed by the Agent or by facsimile transmission from the Agentwriting. (b) Neither the Agent nor any Lender The Buyer shall not by any act (except by a written instrument pursuant to Section 17(aclause (a) hereofabove), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or under the other Facility Documents or to have acquiesced in waived any Default or Event of Default or in any breach of any of the terms and conditions hereofhereof or thereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any LenderBuyer, any right, power or privilege hereunder shall or under any other Facility Documents will operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall or thereunder will 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 Buyer of any right or remedy hereunder or thereunder on any one occasion shall will not be construed as a bar to any right or remedy which the Agent or such Lender Buyer would otherwise have on any future occasion. (c) The rights and remedies herein provided and in the other Facility Documents are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by lawlaw or otherwise.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None Subject to subsection 9.1 of the ----------------------------------------------------- Credit Agreement, none of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Grantors and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the Collateral Agent. (b) Neither the Collateral Agent nor any Lender shall by any act (except by a written instrument pursuant to Section 17(a7(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Collateral Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Borrower and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Administrative Agent in accordance with Section 11.01 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Administrative Agent nor any Lender Secured Creditor shall by any act (except by a written instrument pursuant to Section 17(a) hereof19(a)), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any LenderSecured Creditor, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender Secured Creditor of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender Secured Creditor would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

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

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf of Agent and the Lenders, Noteholders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent. (b) Neither the Agent nor any Lender Noteholder shall by any act (except by a written instrument pursuant to Section 17(asubsection 20(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any LenderNoteholder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or 16 16 privilege hereunder 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 Noteholder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender Noteholder would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

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

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Limited Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the Collateral Agent, provided that any provision of this Agreement Limited Guaranty may be waived by with the -------- Agent, on behalf written consent of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the Collateral Agent. (b) Neither the The Agent nor any Lender shall not be deemed by any act (except by a written instrument pursuant to Section 17(a14(a) hereof), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right right, power, privilege or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any LenderCollateral Agent, any right, power power, remedy or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power power, remedy or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender of any right right, power, privilege or remedy hereunder on any one occasion shall not be construed as a bar to any right right, power, privilege or remedy which the Collateral Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each affected Pledgor and the Agent, provided that any provision of this Agreement may be waived by the -------- Agent, on behalf Administrative Agent in accordance with Section 13.1 of the Lenders, in a letter or agreement executed by the Agent or by facsimile transmission from the AgentCredit Agreement. (b) Neither the Administrative Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 17(a) hereof19(a)), be deemed to delay, indulgeindulgence, omit omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Administrative Agent or any LenderSecured Party, any right, remedy, power or privilege hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver by the Administrative Agent or any Lender Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender any Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the AgentPledgee, provided PROVIDED that any provision of this Agreement may be waived by the -------- Agent, on behalf of the Lenders, in Required Secured Parties pursuant to a letter or agreement executed by the Agent Pledgee or by facsimile telecopy transmission from the AgentPledgee. (b) Neither the Agent nor any Lender The Pledgee shall not by any act (except by a written instrument pursuant to in Section 17(a23(a) hereof), be deemed to delay, indulge, omit ) or otherwise delay be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising exercising, on the part of the Agent or any LenderPledgee, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender Pledgee of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender Pledgee would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.. Pledge Agreement 13 ________________________________________________________________________________

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and the Administrative Agent, each affected Subordinated Borrower and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the -------- Agent, on behalf of the Lenders, Senior Lenders in a letter or agreement executed by the Agent Required Lenders, or by facsimile transmission from the AgentAdministrative Agent with the written consent of the Required Lenders, and each affected Subordinated Lender. (b) Neither the Agent nor any Lender shall by any act (except by a written instrument pursuant to Section 17(a) hereof), be deemed to delay, indulge, omit No failure or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any delay of the terms and conditions hereof. No failure to exerciseAdministrative Agent, nor the Collateral Agent, any delay in exercising on the part of the Agent or any Swing Line Lender, any Issuing Bank or any other Senior Lender in exercising any right, power power, remedy, benefit or privilege hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any such right, power power, remedy, benefit or privilege hereunder shall privilege, or any abandonment or discontinuance of steps to enforce such right, power, remedy, benefit or privilege, preclude any other or further exercise thereof or the exercise of any other right, power power, remedy, benefit or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies of the Administrative Agent, the Collateral Agent, each Swing Line Lender, each Issuing Bank and each other Senior Lender herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by lawthat any of them would otherwise have.