Common use of California Waiver Clause in Contracts

California Waiver. TO THE EXTENT, IF ANY, THAT THIS AGREEMENT OR ANY OF THE OTHER LOAN DOCUMENTS REQUIRE(S) ANY GUARANTOR TO PAY ANY CHARGE, FEE OR PENALTY FOR ANY PREPAYMENT RESULTING FROM AN ACCELERATION OF THE MATURITY DATE OF PRINCIPAL AND ACCRUED INTEREST UNDER THIS LOAN (A) EACH GUARANTOR HEREBY EXPRESSLY AGREES TO SUCH PAYMENT AND WAIVES THE PROTECTIONS OF SECTION 2954.10 OF THE CALIFORNIA CIVIL CODE WITH RESPECT THERETO AND (2) EACH GUARANTOR, BY ITS EXECUTION HEREOF, AND EACH LENDER, BY ITS EXECUTION HEREOF AND/OR BY ITS ACCEPTANCE OF THE BENEFITS HEREOF, HEREBY REPRESENTS, WARRANTS, ACKNOWLEDGES AND AGREES THAT INDIVIDUAL WEIGHT HAS BEEN GIVEN TO THE CONSIDERATION IN THIS TRANSACTION FOR THE ABOVE WAIVER AND AGREEMENT AND THAT LENDERS HAVE MADE THE LOAN IN RELIANCE UPON SUCH AGREEMENTS AND WAIVER AND WOULD NOT HAVE MADE THE LOAN WITHOUT SUCH AGREEMENTS AND WAIVER. ------------------------------------------- INITIALS OF CASSCO ICE & COLD STORAGE, INC. ------------------------------------------- INITIALS OF PACKAGED ICE IP, INC. ------------------------------------------- INITIALS OF PACKAGED ICE FACTORY, INC. ------------------------------------------- INITIALS OF REDDY ICE CORPORATION ------------------------------------------- INITIALS OF SOUTHERN BOTTLED WATER COMPANY, INC.

California Waiver. TO THE EXTENT, IF ANY, THAT THIS AGREEMENT OR ANY OF THE OTHER LOAN DOCUMENTS REQUIRE(S) ANY GUARANTOR TO PAY ANY CHARGE, FEE OR PENALTY FOR ANY PREPAYMENT RESULTING FROM AN ACCELERATION OF THE MATURITY DATE OF PRINCIPAL AND ACCRUED INTEREST UNDER THIS LOAN (A) EACH GUARANTOR HEREBY EXPRESSLY AGREES TO SUCH PAYMENT AND WAIVES THE PROTECTIONS OF SECTION 2954.10 OF THE CALIFORNIA CIVIL CODE WITH RESPECT THERETO AND (2) EACH GUARANTOR, BY ITS EXECUTION HEREOF, AND EACH LENDER, BY ITS EXECUTION HEREOF AND/OR BY ITS ACCEPTANCE OF THE BENEFITS HEREOF, HEREBY REPRESENTS, WARRANTS, ACKNOWLEDGES AND AGREES THAT INDIVIDUAL WEIGHT HAS BEEN GIVEN TO THE CONSIDERATION IN THIS TRANSACTION FOR THE ABOVE WAIVER AND AGREEMENT AND THAT LENDERS HAVE MADE THE LOAN IN RELIANCE UPON SUCH AGREEMENTS AND WAIVER AND WOULD NOT HAVE MADE THE LOAN WITHOUT SUCH AGREEMENTS AND WAIVER. ------------------------------------------- ----------------------- INITIALS OF CASSCO ICE & COLD STORAGEUNDERSIGNED In Witness Whereof, INC. ------------------------------------------- INITIALS OF PACKAGED ICE IPthe undersigned has executed this Joinder this ___ day of _________, INC. ------------------------------------------- INITIALS OF PACKAGED ICE FACTORY, INC. ------------------------------------------- INITIALS OF REDDY ICE CORPORATION ------------------------------------------- INITIALS OF SOUTHERN BOTTLED WATER COMPANY, INC200_.

California Waiver. TO THE EXTENT, IF ANY, THAT THIS AGREEMENT OR ANY OF THE OTHER LOAN DOCUMENTS REQUIRE(S) ANY GUARANTOR BORROWER TO PAY ANY CHARGE, FEE OR PENALTY FOR ANY PREPAYMENT RESULTING FROM AN ACCELERATION OF THE MATURITY DATE OF PRINCIPAL AND ACCRUED INTEREST UNDER THIS LOAN (A) EACH GUARANTOR BORROWER HEREBY EXPRESSLY AGREES TO SUCH PAYMENT AND WAIVES THE PROTECTIONS OF SECTION 2954.10 OF THE CALIFORNIA CIVIL CODE WITH RESPECT THERETO AND (2) EACH GUARANTORBORROWER, BY ITS EXECUTION HEREOF, AND EACH LENDER, BY ITS EXECUTION HEREOF AND/OR BY ITS ACCEPTANCE OF THE BENEFITS HEREOF, HEREBY REPRESENTS, WARRANTS, ACKNOWLEDGES AND AGREES THAT INDIVIDUAL WEIGHT HAS BEEN GIVEN TO THE CONSIDERATION IN THIS TRANSACTION FOR THE ABOVE WAIVER AND AGREEMENT AND THAT LENDERS HAVE MADE THE LOAN IN RELIANCE UPON SUCH AGREEMENTS AND WAIVER AND WOULD NOT HAVE MADE THE LOAN WITHOUT SUCH AGREEMENTS AND WAIVER. ------------------------------------------- ----------------------- BORROWER'S INITIALS OF CASSCO ICE & COLD STORAGE, INC. ------------------------------------------- INITIALS OF PACKAGED ICE IP, INC. ------------------------------------------- INITIALS OF PACKAGED ICE FACTORY, INC. ------------------------------------------- INITIALS OF REDDY ICE CORPORATION ------------------------------------------- INITIALS OF SOUTHERN BOTTLED WATER COMPANY, INC.[Balance of page intentionally left blank; signature page follows]