Common use of Consent and Waiver Clause in Contracts

Consent and Waiver. (a) Guarantor hereby waives, to the maximum extent permitted under Applicable Law: (i) notice of acceptance of this Guaranty Agreement or other Loan Documents to which he is a party; (ii) notice of any loans or other financial accommodations made or extended under the Loan Documents; (iii) notice of the amount of the Guaranteed Obligations; (iv) notice of any adverse change in the financial condition of Borrower or other Person or of any other fact that might affect Guarantor’s risk with respect to the Guaranteed Obligations; (v) notice of presentment for payment, demand, protest, and notice thereof, notice of intent to accelerate, notice of acceleration, notice of dishonor, diligence, or promptness in enforcement and indulgences of every kind as to the Guaranteed Obligations; (vi) notice of any of the events or circumstances enumerated in paragraph 5 hereof, and all other notices and demands to which Guarantor might otherwise be entitled (except if such notice is specifically required to be given to Guarantor hereunder or under any of the Loan Documents to which Guarantor is a party); (vii) any requirement that Agent protect, secure, perfect, or insure any Lien on any Collateral or other property as security for the Guaranteed Obligations or exhaust any right or take any action against Borrower or other Person or any Collateral; (viii) the benefit of any statute of limitation applicable to enforcement of the Guaranteed Obligations, or any portion thereof, or any Liens in the Collateral or other property as security for the Guaranteed Obligations; (ix) all rights by which Guarantor might be entitled to require suit against Borrower or other Person in respect of any of the Guaranteed Obligations; or (x) any other defense of Borrower or other Person (other than Full Payment of the Guaranteed Obligations).

Consent and Waiver. (a) Guarantor hereby waives, to the maximum extent permitted under Applicable Law: (i) notice of acceptance of this Guaranty Agreement or other Loan Documents to which he is a partyAgreement; (ii) notice of any loans Loans or other financial accommodations made or extended under the Loan Documentscreation or existence of any Guaranteed Obligations; (iii) notice of the amount of the Guaranteed Obligations; (iv) notice of any adverse change in the financial condition of Borrower or any other Person or of any other fact that might affect increase or otherwise change Guarantor’s risk with respect to the Guaranteed Obligations, Borrower or any other Person under or in connection with this Guaranty Agreement; (v) notice of presentment for payment, demand, protest, protest and notice thereof, notice of intent to accelerate, notice of acceleration, notice of dishonor, diligence, diligence or promptness in enforcement enforcement, and indulgences of every kind as to the Guaranteed Obligationsany promissory notes or other instruments; (vi) notice of any of the events or circumstances enumerated in paragraph 5 hereofSection 4, and all other notices and demands to which Guarantor might otherwise be entitled (except if such notice is specifically required to be given to Guarantor hereunder or under any of the other Loan Documents to which Guarantor is a partyDocuments); (vii) any requirement that Administrative Agent protect, secure, perfect, or insure any Lien its security interest and liens on any Collateral or other property as security for the Guaranteed Obligations or exhaust any right or take any action against Borrower Administrative Agent or any other Lender Party or any other Person or any CollateralCollateral or any other property subject to a security interest or lien; (viii) the benefit of any statute of limitation applicable to enforcement of the Guaranteed Obligations, or any portion thereof, or any Liens security interests or liens in the Collateral or other property as security for the Guaranteed ObligationsObligations or this Guaranty Agreement; (ix) all rights by which Guarantor might be entitled to require suit against Borrower or other Person on an accrued right of action in respect of any of the Guaranteed ObligationsObligations or require suit against Borrower or any other Person, whether arising pursuant to Section 17.001 or Section 43.002 of the Texas Civil Practice and Remedies Code, as amended,, or Rule 31 of the Texas Rules of Civil Procedure, as amended, or otherwise; or (x) any other defense of Borrower or any other Person (other than Full Payment of that the Guaranteed ObligationsObligations shall have been indefeasibly paid and performed in full, or in part, to the extent of any such partial payment or performance).

Consent and Waiver. The Guarantor, without limiting its liability hereunder in any respect, hereby consents to and waives notice of, and hereby agrees that its obligations under the terms of this guaranty shall not be released, diminished, impaired, reduced, or affected by the occurrence of any one or more of, the following events: (a) Guarantor hereby waives, to the maximum extent permitted under Applicable Law: (i) notice of acceptance of this Guaranty Agreement taking or other Loan Documents to which he is a party; (ii) notice accepting of any loans other security or other financial accommodations made guaranty for any or extended under the Loan Documents; (iii) notice of the amount all of the Guaranteed ObligationsIndebtedness; (ivb) notice any release, surrender, exchange, subordination, or loss of any adverse change security at any time existing in connection with any or all of the financial condition Guaranteed Indebtedness; (c) any partial release of Borrower the liability of the Guarantor, or other Person the partial or total release of any other fact that might affect Guarantor’s risk with respect to the Guaranteed Obligationsguarantor or guarantors; (vd) notice of presentment for paymentthe death, demandinsolvency, protestbankruptcy, and notice thereof, notice of intent to accelerate, notice of acceleration, notice of dishonor, diligencedisability, or promptness in enforcement and indulgences lack of every kind as to corporate power of Borrower, the Guaranteed Obligations; (vi) notice Guarantor, or any party at any time liable for the payment of any of the events or circumstances enumerated in paragraph 5 hereof, and all other notices and demands to which Guarantor might otherwise be entitled (except if such notice is specifically required to be given to Guarantor hereunder or under any of the Loan Documents to which Guarantor is a party); (vii) any requirement that Agent protect, secure, perfect, or insure any Lien on any Collateral or other property as security for the Guaranteed Obligations or exhaust any right or take any action against Borrower or other Person or any Collateral; (viii) the benefit of any statute of limitation applicable to enforcement of the Guaranteed ObligationsIndebtedness, whether now existing or hereafter occurring; (e) any renewal, extension or rearrangement of the payment of any or all of the Guaranteed Indebtedness, or any portion thereofadjustment, indulgence, forbearance, or compromise that may be granted or given by the Lender and/or Agent to Borrower or the Guarantor; (f) any Liens in neglect, delay, omission, failure, or refusal of the Collateral Lender and/or Agent to take or other property as security prosecute any action for the Guaranteed Obligations; (ix) all rights by which Guarantor might be entitled to require suit against Borrower or other Person in respect collection of any of the Guaranteed ObligationsIndebtedness or to foreclose or take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Indebtedness; (g) any failure of the Lender and/or Agent to notify the Guarantor of any renewal, extension, or assignment of the Guaranteed Indebtedness or any part thereof, or the release of any security or of any other action taken or refrained from being taken by the Lender and/or Agent against Borrower or any new agreement between the Lender and/or Agent and 3 Borrower, it being understood that neither the Lender nor the Agent shall be required to give the Guarantor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Guaranteed Indebtedness; (h) in the event that Borrower is a corporation, joint stock association, or partnership, or is hereafter incorporated, the unenforceability of all or any part of the Guaranteed Indebtedness against Borrower by reason of the fact that the Guaranteed Indebtedness exceeds the amount permitted by law, the act of creating the Guaranteed Indebtedness, or any part thereof, is ultra virex, xx the officers creating same acted in excess of their authority; (i) any payment by Borrower to the Lender and/or Agent is held to constitute a preference under the bankruptcy laws or if for any other reason the Lender and/or Agent is required to refund such payment or pay the amount thereof to someone else; or (xj) any other defense the subsequent incorporation, reorganization, merger, or consolidation of Borrower the Borrower. Notice of acceptance of this guaranty, the giving or extension of credit to the Borrower, the purchase, acquisition, or pledge of notes, receivables, or other Person (security instruments or other than Full Payment instruments, or the advancement of money or credit thereon, and presentment, demand, notices of default, nonpayment or partial payments and protest, notice of protest and all other notices or formalities to which the Guaranteed Obligations)Guarantor or Borrower might otherwise be entitled are hereby waived.

Consent and Waiver. (a) Each Guarantor hereby waives, to the maximum extent permitted under Applicable Law: (i) notice of acceptance of this Guaranty Agreement or other Loan Documents to which he is a partyAgreement; (ii) notice of any loans Loans, Letters of Credit or other financial accommodations made or extended under the Loan DocumentsDocuments or the creation or existence of any Guaranteed Obligations; (iii) notice of the amount of the Guaranteed Obligations, subject, however, to such Guarantor’s right to make inquiry of the Administrative Agent to ascertain the amount thereof at any reasonable time; (iv) notice of any adverse change in the financial condition of Borrower the Borrower, any other Credit Party or any other Person or of any other fact that might affect increase or otherwise change such Guarantor’s risk with respect to the Guaranteed Obligations, the Borrower or any other Person under this Guaranty Agreement; (v) notice of presentment for payment, demand, protest, protest and notice thereof, notice of intent to accelerate, accelerate and notice of acceleration, notice of dishonor, diligence, diligence or promptness in enforcement and indulgences of every kind as to any promissory notes or other instruments among the Guaranteed ObligationsLoan Documents; (vi) notice of any of the events or circumstances enumerated in paragraph Paragraph 5 hereof, and all other notices and demands to which such Guarantor might otherwise be entitled (except if such notice is specifically required to be given to such Guarantor hereunder or under any of the Loan Documents to which such Guarantor is a party); (vii) any requirement that the Administrative Agent or any Lender or other Secured Party protect, secure, perfect, perfect or insure any Lien on any Collateral or other property as security for the Guaranteed Obligations or exhaust any right or take any action against Borrower the Borrower, any other Credit Party or any other Person or any CollateralCollateral or any other property subject to a Lien; (viii) the benefit of any statute of limitation limitations applicable to enforcement of the Guaranteed Obligations, or any portion thereof, or any Liens in the Collateral or other property as security for the Guaranteed ObligationsObligations or this Guaranty Agreement; (ix) all rights by which such Guarantor might be entitled to require suit against Borrower or other Person on an accrued right of action in respect of any of the Guaranteed ObligationsObligations or require suit against the Borrower, any other Credit Party or any other Person; or (x) any other defense of Borrower the Borrower, any other Credit Party or any other Person (other than the Full Payment of the Guaranteed Obligations).

Consent and Waiver. (a) Guarantor hereby waives, to the maximum extent permitted under Applicable Law: (i) notice of acceptance of this Guaranty Agreement or other Loan Documents to which he is a partyAgreement; (ii) notice of any loans Loans or other financial accommodations made or extended under the Loan Documentscreation or existence of any Guaranteed Obligations; (iii) notice of the amount of the Guaranteed Obligations; (iv) notice of any adverse change in the financial condition of any Borrower or any other Person or of any other fact that might affect increase or otherwise change Guarantor’s 's risk with respect to the Guaranteed Obligations, any Borrower or any other Person under or in connection with this Guaranty Agreement; (v) notice of presentment for payment, demand, protest, protest and notice thereof, notice of intent to accelerate, notice of acceleration, notice of dishonor, diligence, diligence or promptness in enforcement enforcement, and indulgences of every kind as to the Guaranteed Obligationsany promissory notes or other instruments; (vi) notice of any of the events or circumstances enumerated in paragraph 5 hereofSection 4, and all other notices and demands to which Guarantor might otherwise be entitled (except if such notice is specifically required to be given to Guarantor hereunder or under any of the other Loan Documents or pursuant to which Guarantor is a partyApplicable Law); (vii) any requirement that Administrative Agent protect, secure, perfect, or insure any Lien its security interest and liens on any Collateral or other property as security for the Guaranteed Obligations or exhaust any right or take any action against Borrower Administrative Agent or any other Lender Party or any other Person or any CollateralCollateral or any other property subject to a security interest or lien; (viii) the benefit of any statute of limitation applicable to enforcement of the Guaranteed Obligations, or any portion thereof, or any Liens security interests or liens in the Collateral or other property as security for the Guaranteed ObligationsObligations or this Guaranty Agreement; (ix) all rights by which Guarantor might be entitled to require suit against Borrower or other Person on an accrued right of action in respect of any of the Guaranteed ObligationsObligations or require suit against any Borrower or any other Person; or (x) any other defense of any Borrower or any other Person (other than Full Payment that the Guaranteed Obligations shall have been paid and performed in full, or in part, to the extent of any such partial payment or performance, excluding any contingent indemnification Obligations that survive termination of the Guaranteed ObligationsLoan Agreement and this Guaranty Agreement in accordance with the terms thereof and hereof).. DAL 79534189v4

Consent and Waiver. (a) Each Guarantor hereby waives, to the maximum extent permitted under Applicable Law: (i) notice of acceptance of this Guaranty Agreement or other Loan Documents to which he is a partyAgreement; (ii) notice of any loans Revolving Loans, Letters of Credit, or other financial accommodations made or extended under the Loan DocumentsDocuments or the creation or existence of any Guaranteed Obligations; (iii) notice of the amount of the Guaranteed Obligations, subject, however, to such Guarantor's right to make inquiry of the Agent to ascertain the amount thereof at any reasonable time; (iv) notice of any adverse change in the financial condition of Borrower any of the Borrowers, any other Obligor, or any other Person or of any other fact that might affect increase or otherwise change such Guarantor’s 's risk with respect to the Guaranteed Obligations, any of the Borrowers, or any other Person under this Guaranty Agreement; (v) notice of presentment for payment, demand, protest, and notice thereof, notice of intent to accelerate, notice of acceleration, notice of dishonor, diligence, or promptness in enforcement and indulgences of every kind as to any promissory notes or other instruments among the Guaranteed ObligationsLoan Documents; (vi) notice of any of the events or circumstances enumerated in paragraph 5 hereof, and all other notices and demands to which such Guarantor might otherwise be entitled (except if such notice is specifically required to be given to such Guarantor hereunder or under any of the Loan Documents to which such Guarantor is a party); (vii) any requirement that Agent any of the Lenders protect, secure, perfect, or insure any Lien on any Collateral or other property as security for the Guaranteed Obligations or exhaust any right or take any action against Borrower the Borrowers, any other Obligor, or any other Person or any CollateralCollateral or any other property subject to a Lien; (viii) the benefit of any statute of limitation applicable to enforcement of the Guaranteed Obligations, or any portion thereof, or any Liens in the Collateral or other property as security for the Guaranteed ObligationsObligations or this Guaranty Agreement; (ix) all rights by which such Guarantor might be entitled to require suit against Borrower or other Person on an accrued right of action in respect of any of the Guaranteed ObligationsObligations or require suit against any of the Borrowers, any other Obligor, or any other Person, whether arising pursuant to Section 34.02 of the Texas Business and Commerce Code, as amended, Section 17.001 of the Texas Civil Practice and Remedies Code, as amended, Rule 31 of the Texas Rules of Civil Procedure, as amended, or otherwise; or (x) any other defense of Borrower any of the Borrowers, any other Obligor, or any other Person (other than Full Payment of that the Guaranteed ObligationsObligations shall have been indefeasibly paid and performed in full).

Consent and Waiver. (a) Each Guarantor hereby waives, to the maximum extent permitted under Applicable Law: (i) notice of acceptance of this Guaranty Agreement or other Loan Documents to which he is a partyAgreement; (ii) notice of any loans Loans or other financial accommodations made or extended under the Loan Documentscreation or existence of any Guaranteed Obligations; (iii) notice of the amount of the Guaranteed Obligations; (iv) notice of any adverse change in the financial condition of any Borrower or any other Person or of any other fact that might affect increase or otherwise change such Guarantor’s risk with respect to the Guaranteed Obligations, any Borrower or any other Person under or in connection with this Guaranty Agreement; (v) notice of presentment for payment, demand, protest, protest and notice thereof, notice of intent to accelerate, notice of acceleration, notice of dishonor, diligence, diligence or promptness in enforcement enforcement, and indulgences of every kind as to the Guaranteed Obligationsany promissory notes or other instruments; (vi) notice of any of the events or circumstances enumerated in paragraph 5 hereofSection 4, and all other notices and demands to which such Guarantor might otherwise be entitled (except if such notice is specifically required to be given to such Guarantor hereunder or under any of the other Loan Documents to which Guarantor is a partyDocuments); (vii) any requirement that Agent Lender protect, secure, perfect, or insure any Lien its security interest and liens on any Collateral or other property as security for the Guaranteed Obligations or exhaust any right or take any action against Borrower Lender or any other Person or any CollateralCollateral or any other property subject to a security interest or lien; (viii) the benefit of any statute of limitation applicable to enforcement of the Guaranteed Obligations, or any portion thereof, or any Liens security interests or liens in the Collateral or other property as security for the Guaranteed ObligationsObligations or this Guaranty Agreement; (ix) all rights by which such Guarantor might be entitled to require suit against Borrower or other Person on an accrued right of action in respect of any of the Guaranteed ObligationsObligations or require suit against any Borrower or any other Person, whether arising pursuant to Section 17.001 or Section 43.002 of the Texas Civil Practice and Remedies Code, as amended,, or Rule 31 of the Texas Rules of Civil Procedure, as amended, or otherwise; or (x) any other defense of any Borrower or any other Person (other than Full Payment of that the Guaranteed ObligationsObligations shall have been paid and performed in full, or in part, to the extent of any such partial payment or performance).

Consent and Waiver. (a) Each Guarantor hereby waives, to the maximum extent permitted under Applicable Law: (i) notice of acceptance of this Guaranty Agreement or other Loan Documents to which he is a partyAgreement; (ii) notice of any loans Revolving Loans, Letters of Credit, Credit Support, or other financial accommodations made or extended under the Loan DocumentsDocuments or the creation or existence of any Guaranteed Obligations; (iii) notice of the amount of the Guaranteed Obligations, subject, however, to such Guarantor's right to make inquiry of the Agent to ascertain the amount thereof at any reasonable time; (iv) notice of any adverse change in the financial condition of any Borrower or any other Person or of any other fact that might affect increase or otherwise change such Guarantor’s 's risk with respect to the Guaranteed Obligations, any Borrower, or any other Person under this Guaranty Agreement; (v) notice of presentment for payment, demand, protest, protest and notice thereof, notice of intent to accelerate, notice of acceleration, notice of dishonor, diligence, diligence or promptness in enforcement enforcement, and indulgences of every kind as to any promissory notes or other instruments among the Guaranteed ObligationsLoan Documents; (vi) notice of any of the events or circumstances enumerated in paragraph 5 hereof, and all other notices and demands to which such Guarantor might otherwise be entitled (except if such notice is specifically required to be given to such Guarantor hereunder or under any of the Loan Documents to which such Guarantor is a party); (vii) any requirement that the Agent or any of the Lenders protect, secure, perfect, or insure the Agent's Lien or any other Lien on any Collateral or other property as security for the Guaranteed Obligations or exhaust any right or take any action against any Borrower or any other Person or any CollateralCollateral or any other property subject to a Lien; (viii) the benefit of any statute of limitation applicable to enforcement of the Guaranteed Obligations, or any portion thereof, or any Liens in the Collateral or other property as security for the Guaranteed ObligationsObligations or this Guaranty Agreement; (ix) all rights by which such Guarantor might be entitled to require suit against Borrower or other Person on an accrued right of action in respect of any of the Guaranteed ObligationsObligations or require suit against any Borrower or any other Person, whether arising pursuant to Section 34.02 of the Texas Business and Commerce Code, as amended, Section 17.001 of the Texas Civil Practice and Remedies Code, as amended, Rule 31 of the Texas Rules of Civil Procedure, as amended, or otherwise; or (x) any other defense of any Borrower or any other Person (other than Full Payment of that the Guaranteed ObligationsObligations shall have been indefeasibly paid and performed in full).

Consent and Waiver. (a) Guarantor hereby waives, to the maximum extent permitted under Applicable Law: (i) notice of acceptance of this Guaranty Agreement or other Loan Documents to which he is a partyAgreement; (ii) notice of any loans Loans or other financial accommodations made or extended under the Loan Documentscreation or existence of any Guaranteed Obligations; (iii) notice of the amount of the Guaranteed Obligations; (iv) notice of any adverse change in the financial condition of any Borrower or any other Person or of any other fact that might affect increase or otherwise change Guarantor’s risk with respect to the Guaranteed Obligations, any Borrower or any other Person under or in connection with this Guaranty Agreement; (v) notice of presentment for payment, demand, protest, protest and notice thereof, notice of intent to accelerate, notice of acceleration, notice of dishonor, diligence, diligence or promptness in enforcement enforcement, and indulgences of every kind as to the Guaranteed Obligationsany promissory notes or other instruments; (vi) notice of any of the events or circumstances enumerated in paragraph 5 hereofSection 4, and all other notices and demands to which Guarantor might otherwise be entitled (except if such notice is specifically required to be given to Guarantor hereunder or under any of the other Loan Documents to which Guarantor is a partyDocuments); (vii) any requirement that Administrative Agent protect, secure, perfect, or insure any Lien its security interest and liens on any Collateral or other property as security for the Guaranteed Obligations or exhaust any right or take any action against Borrower Administrative Agent or any other Lender Party or any other Person or any CollateralCollateral or any other property subject to a security interest or lien; (viii) the benefit of any statute of limitation applicable to enforcement of the Guaranteed Obligations, or any portion thereof, or any Liens security interests or liens in the Collateral or other property as security for the Guaranteed ObligationsObligations or this Guaranty Agreement; (ix) all rights by which Guarantor might be entitled to require suit against Borrower or other Person on an accrued right of action in respect of any of the Guaranteed ObligationsObligations or require suit against any Borrower or any other Person, whether arising pursuant to Section 17.001 or Section 43.002 of the Texas Civil Practice and Remedies Code, as amended,, or Rule 31 of the Texas Rules of Civil Procedure, as amended, or otherwise; or (x) any other defense of any Borrower or any other Person (other than Full Payment of that the Guaranteed ObligationsObligations shall have been indefeasibly paid and performed in full, or in part, to the extent of any such partial payment or performance).

Consent and Waiver. (a) Guarantor hereby waives, to the maximum extent permitted under Applicable Law: (i) notice of acceptance of this Guaranty Agreement or other Loan Documents to which he is a party; (ii) notice of any loans Loans, Letters of Credit, or other financial accommodations made or extended under the Loan Documents; (iii) notice of the amount of the Guaranteed Obligations; (iv) notice of any adverse change in the financial condition of Borrower or any other Obligor or other Person or of any other fact that might affect Guarantor’s 's risk with respect to the Guaranteed Obligations; (v) notice of presentment for payment, demand, protest, and notice thereof, notice of intent to accelerate, notice of acceleration, notice of dishonor, diligence, or promptness in enforcement and indulgences of every kind as to the Guaranteed Obligations; (vi) notice of any of the events or circumstances enumerated in paragraph 5 hereof, and all other notices and demands to which Guarantor might otherwise be entitled (except if such notice is specifically required to be given to Guarantor hereunder or under any of the Loan Documents to which Guarantor is a party); (vii) any requirement that Agent Lender protect, secure, perfect, or insure any Lien on any Collateral or other property as security for the Guaranteed Obligations or exhaust any right or take any action against Borrower or any other Obligor or other Person or any Collateral; (viii) the benefit of any statute of limitation applicable to enforcement of the Guaranteed Obligations, or any portion thereof, or any Liens in the Collateral or other property as security for the Guaranteed Obligations; (ix) all rights by which Guarantor might be entitled to require suit against Borrower or any other Obligor or other Person in respect of any of the Guaranteed Obligations; or (x) any other defense of Borrower or any other Obligor or other Person (other than Full Payment of the Guaranteed Obligations).

Consent and Waiver. (a) Guarantor hereby waives, to the maximum extent permitted under Applicable Law: (i) notice of acceptance of this Guaranty Agreement or other Loan Documents to which he is a partyAgreement; (ii) notice of any loans extensions of credit or other financial accommodations made or extended under the Loan Documentscreation or existence of any Guaranteed Obligations; (iii) notice of the amount of the Guaranteed Obligations; (iv) notice of any adverse change in the financial condition of Borrower Client or any other Person or of any other fact that might affect increase or otherwise change Guarantor’s risk with respect to the Guaranteed Obligations, Client or any other Person under or in connection with this Guaranty Agreement; (v) notice of presentment for payment, demand, protest, protest and notice thereof, notice of intent to accelerate, notice of acceleration, notice of dishonor, diligence, diligence or promptness in enforcement enforcement, and indulgences of every kind as to the Guaranteed Obligationsany promissory notes or other instruments; (vi) notice of any of the events or circumstances enumerated in paragraph 5 hereofSection 4, and all other notices and demands to which Guarantor might otherwise be entitled (except if such notice is specifically required to be given to Guarantor hereunder or under any of the Loan Documents to which Guarantor is a partyother Finance Documents); (vii) any requirement that Agent FGI protect, secure, perfect, or insure any Lien its security interest and liens on any Collateral or other property as security for the Guaranteed Obligations or exhaust any right or take any action against Borrower FGI or any other Person or any CollateralCollateral or any other property subject to a security interest or lien; (viii) the benefit of any statute of limitation applicable to enforcement of the Guaranteed Obligations, or any portion thereof, or any Liens security interests or liens in the Collateral or other property as security for the Guaranteed ObligationsObligations or this Guaranty Agreement; (ix) all rights by which Guarantor might be entitled to require suit against Borrower or other Person on an accrued right of action in respect of any of the Guaranteed ObligationsObligations or require suit against Client or any other Person; or (x) any other defense of Borrower Client or any other Person (other than Full Payment of that the Guaranteed ObligationsObligations shall have been indefeasibly paid and performed in full, or in part, to the extent of any such partial payment or performance).

Consent and Waiver. The Guarantor, without limiting his liability hereunder in any respect, hereby consents to and waives notice of, and hereby agrees that his obligations under the terms of this guaranty shall not be released, diminished, impaired, reduced, or affected by the occurrence of any one or more of the following events: (a) Guarantor hereby waives, to the maximum extent permitted under Applicable Law: (i) notice of acceptance of this Guaranty Agreement taking or other Loan Documents to which he is a party; (ii) notice accepting of any loans security or other financial accommodations made guaranty for any or extended under the Loan Documents; (iii) notice of the amount all of the Guaranteed ObligationsIndebtedness; (ivb) notice any release, surrender, exchange, subordination, or loss of any adverse change security at any time existing in connection with any or all of the financial condition Guaranteed Indebtedness; (c) any partial release of Borrower the liability of the Guarantor, or other Person the partial or total release of any other fact that might affect Guarantor’s risk with respect to the Guaranteed Obligationsguarantor or guarantors; (vd) notice of presentment for paymentthe death, demandinsolvency, protestbankruptcy, and notice thereof, notice of intent to accelerate, notice of acceleration, notice of dishonor, diligencedisability, or promptness in enforcement and indulgences lack of every kind as to corporate power of Borrower, the Guaranteed Obligations; (vi) notice Guarantor, or any party at any time liable for the payment of any of the events or circumstances enumerated in paragraph 5 hereof, and all other notices and demands to which Guarantor might otherwise be entitled (except if such notice is specifically required to be given to Guarantor hereunder or under any of the Loan Documents to which Guarantor is a party); (vii) any requirement that Agent protect, secure, perfect, or insure any Lien on any Collateral or other property as security for the Guaranteed Obligations or exhaust any right or take any action against Borrower or other Person or any Collateral; (viii) the benefit of any statute of limitation applicable to enforcement of the Guaranteed ObligationsIndebtedness, whether now existing or hereafter occurring; (e) any renewal, extension, or rearrangement of the payment of any or all of the Guaranteed Indebtedness, or any portion thereofadjustment, indulgence, forbearance, or compromise that may be granted or given by the Lender to Borrower or the Guarantor; (f) any Liens in neglect, delay, omission, failure, or refusal of the Collateral Lender to take or other property as security prosecute any action for the Guaranteed Obligations; (ix) all rights by which Guarantor might be entitled to require suit against Borrower or other Person in respect collection of any of the Guaranteed Obligations; Indebtedness or (x) to foreclose or take or prosecute any other defense of Borrower action in connection with any instrument or other Person (other than Full Payment agreement evidencing or securing all or any part of the Guaranteed Obligations).Indebtedness; (g) any failure of the Lender to notify the Guarantor of any renewal, extension, or assignment of the Guaranteed indebtedness or any part

Consent and Waiver. (a) Each Guarantor hereby waives, to the maximum extent permitted under Applicable Law: (i) notice of acceptance of this Guaranty Agreement or other Loan Documents to which he is a partyAgreement; (ii) notice of any loans Loans, Letters of Credit or other financial accommodations made or extended under the Loan DocumentsDocuments or the creation or existence of any Guaranteed Obligations; (iii) notice of the amount of the Guaranteed Obligations, subject, however, to such Guarantor’s right to make inquiry of the Administrative Agent to ascertain the amount thereof at any reasonable time; (iv) notice of any adverse change in the financial condition of Borrower the Borrower, any other Credit Party or any other Person or of any other fact that might affect increase or otherwise change such Guarantor’s risk with respect to the Guaranteed Obligations, the Borrower or any other Person under this Guaranty Agreement; (v) notice of presentment for payment, demand, protest, protest and notice thereof, notice of intent to accelerate, accelerate and notice of acceleration, notice of dishonor, diligence, diligence or promptness in enforcement and indulgences of every kind as to any promissory notes or other instruments among the Guaranteed ObligationsLoan Documents; (vi) notice of any of the events or circumstances enumerated in paragraph 5 Paragraph 6 hereof, and all other notices and demands to which such Guarantor might otherwise be entitled (except if such notice is specifically required to be given to such Guarantor hereunder or under any of the Loan Documents to which such Guarantor is a party); (vii) any requirement that the Administrative Agent or any Lender or other Secured Party protect, secure, perfect, perfect or insure any Lien on any Collateral or other property as security for the Guaranteed Obligations or exhaust any right or take any action against Borrower the Borrower, any other Credit Party or any other Person or any CollateralCollateral or any other property subject to a Lien; (viii) the benefit of any statute of limitation limitations applicable to enforcement of the Guaranteed Obligations, or any portion thereof, or any Liens in the Collateral or other property as security for the Guaranteed ObligationsObligations or this Guaranty Agreement; (ix) all rights by which such Guarantor might be entitled to require suit against Borrower or other Person on an accrued right of action in respect of any of the Guaranteed ObligationsObligations or require suit against the Borrower, any other Credit Party or any other Person; or (x) any other defense of Borrower the Borrower, any other Credit Party or any other Person (other than the Full Payment of the Guaranteed Obligations).

Consent and Waiver. (a) The Guarantor hereby waives, to the maximum extent permitted under Applicable Law: (i) notice of acceptance of this Guaranty Agreement or other Loan Documents to which he is a partyAgreement; (ii) notice of any loans Revolving Loans, Letters of Credit, Credit Support, or other financial accommodations made or extended under the Loan DocumentsDocuments or the creation or existence of any Guaranteed Obligations; (iii) notice of the amount of the Guaranteed Obligations, subject, however, to the Guarantor's right to make inquiry of the Agent to ascertain the amount thereof at any reasonable time; (iv) notice of any adverse change in the financial condition of any Borrower or any other Person or of any other fact that might affect increase or otherwise change the Guarantor’s 's risk with respect to the Guaranteed Obligations, any Borrower, or any other Person under this Guaranty Agreement; (v) notice of presentment for payment, demand, protest, protest and notice thereof, notice of intent to accelerate, notice of acceleration, notice of dishonor, diligence, diligence or promptness in enforcement enforcement, and indulgences of every kind as to any promissory notes or other instruments among the Guaranteed ObligationsLoan Documents; (vi) notice of any of the events or circumstances enumerated in paragraph 5 hereof, and all other notices and demands to which the Guarantor might otherwise be entitled (except if such notice is specifically required to be given to the Guarantor hereunder or under any of the Loan Documents to which the Guarantor is a party); (vii) any requirement that the Agent or any of the Lenders protect, secure, perfect, or insure the Agent's Lien or any other Lien on any Collateral or other property as security for the Guaranteed Obligations or exhaust any right or take any action against any Borrower or any other Person or any CollateralCollateral or any other property subject to a Lien; (viii) the benefit of any statute of limitation applicable to enforcement of the Guaranteed Obligations, or any portion thereof, or any Liens in the Collateral or other property as security for the Guaranteed ObligationsObligations or this Guaranty Agreement; (ix) all rights by which the Guarantor might be entitled to require suit against Borrower or other Person on an accrued right of action in respect of any of the Guaranteed ObligationsObligations or require suit against any Borrower or any other Person, whether arising pursuant to Section 34.02 of the Texas Business and Commerce Code, as amended, Section 17.001 of the Texas Civil Practice and Remedies Code, as amended, Rule 31 of the Texas Rules of Civil Procedure, as amended, or otherwise; or (x) any other defense of any Borrower or any other Person (other than Full Payment of that the Guaranteed ObligationsObligations shall have been indefeasibly paid and performed in full).

Consent and Waiver. (a) Each Guarantor hereby waives, waives to the maximum fullest extent permitted under Applicable by applicable Requirements of Law: (i) notice of acceptance of this Guaranty Agreement or other Loan Documents to which he is a partyAgreement; (ii) notice of any loans Revolving Loans, Letters of Credit, or other financial accommodations made or extended under the Loan DocumentsCredit Documents or the creation or existence of any Guaranteed Obligations; (iii) notice of the amount of the Guaranteed Obligations, subject, however, to such Guarantor's right to make inquiry of the Agents to ascertain the amount thereof at any reasonable time; (iv) notice of any adverse change in the financial condition of any Borrower or any other Person or of any other fact that might affect increase or otherwise change such Guarantor’s 's risk with respect to the Guaranteed Obligations, any Borrower, or any other Person under this Guaranty Agreement; (v) notice of presentment for payment, demand, protest, protest and notice thereof, notice of intent to accelerate, notice of acceleration, notice of dishonor, diligence, diligence or promptness in enforcement enforcement, and indulgences of every kind as to any promissory notes or other instruments among the Guaranteed ObligationsCredit Documents; (vi) notice of any of the events or circumstances enumerated in paragraph 5 hereof, and all other notices and demands to which such Guarantor might otherwise be entitled (except if such notice is specifically required to be given to such Guarantor hereunder or under any of the Loan Credit Documents to which such Guarantor is a party); (vii) any requirement that Agent any of the Agents or any of the Lenders protect, secure, perfect, or insure the Collateral Agent's Lien or any other Lien on any Collateral or other property as security for the Guaranteed Obligations or exhaust any right or take any action against any Borrower or any other Person or any CollateralCollateral or any other property subject to a Lien; (viii) the benefit of any statute of limitation applicable to enforcement of the Guaranteed Obligations, or any portion thereof, or any Liens in the Collateral or other property as security for the Guaranteed ObligationsObligations or this Guaranty Agreement; (ix) all rights by which such Guarantor might be entitled to require suit against Borrower or other Person on an accrued right of action in respect of any of the Guaranteed ObligationsObligations or require suit against any Borrower or any other Person; or (x) any other defense of any Borrower or any other Person (other than Full Payment of that the Guaranteed ObligationsObligations shall have been indefeasibly paid and performed in full).

Consent and Waiver. (a) Each Guarantor hereby waives, waives to the maximum fullest extent permitted under Applicable Lawby applicable law: (i) notice of acceptance of this Guaranty Agreement or other Loan Documents to which he is a partyAgreement; (ii) notice of any loans Letter Agreements or other financial accommodations made the creation or extended under the Loan Documentsexistence of any Guaranteed Obligations; (iii) notice of the amount of the Guaranteed Obligations; (iv) notice of any adverse change in the financial condition of Borrower Company or any other Person or of any other fact that might affect increase or otherwise change such Guarantor’s 's risk with respect to the Guaranteed Obligations, Company, or any other Person under this Guaranty Agreement; (v) notice of presentment for payment, demand, protest, and notice thereof, notice of intent to accelerate, notice of acceleration, notice of dishonor, diligence, or promptness in enforcement and indulgences of every kind as to the Guaranteed Obligations; (vi) notice of any of the events or circumstances enumerated in paragraph 5 hereof, and all other notices and demands to which such Guarantor might otherwise be entitled (except if such notice is specifically required to be given to such Guarantor hereunder or under any of the Loan Trade Creditor Lien Documents to which such Guarantor is a party); (viivi) any requirement that Agent the Collateral Trustee or any of the Approved Trade Creditors protect, secure, perfect, or insure any Lien the Collateral Trustee's lien on any Collateral or other property as security for the Guaranteed Obligations or exhaust any right or take any action against Borrower Company or any other Person or any CollateralCollateral or any other property subject to a lien; (viii) the benefit of any statute of limitation applicable to enforcement of the Guaranteed Obligations, or any portion thereof, or any Liens in liens on the Collateral or other property as security for the Guaranteed ObligationsObligations or this Guaranty Agreement; (ix) all rights by which such Guarantor might be entitled to require suit against Borrower or other Person on an accrued right of action in respect of any of the Guaranteed ObligationsObligations or require suit against Company or any other Person; or (x) any other defense of Borrower Company or any other Person (other than Full Payment of that the Guaranteed ObligationsObligations shall have been paid and performed in full).

Consent and Waiver. (a) Each Guarantor hereby waives, to the maximum extent permitted under Applicable Law: (i) notice of acceptance of this Guaranty Agreement or other Loan Documents to which he is a partyAgreement; (ii) notice of any loans Loans or other financial accommodations made or extended under the Loan Documentscreation or existence of any Guaranteed Obligations; (iii) notice of the amount of the Guaranteed Obligations; (iv) notice of any adverse change in the financial condition of any Borrower or any other Person or of any other fact that might affect increase or otherwise change such Guarantor’s risk with respect to the Guaranteed Obligations, any Borrower or any other Person under or in connection with this Guaranty Agreement; (v) notice of presentment for payment, demand, protest, protest and notice thereof, notice of intent to accelerate, notice of acceleration, notice of dishonor, diligence, diligence or promptness in enforcement enforcement, and indulgences of every kind as to the Guaranteed Obligationsany promissory notes or other instruments; (vi) notice of any of the events or circumstances enumerated in paragraph 5 hereofSection 4, and all other notices and demands to which such Guarantor might otherwise be entitled (except if such notice is specifically required to be given to such Guarantor hereunder or under any of the other Loan Documents to which Guarantor is a partyDocuments); (vii) any requirement that Agent Lender protect, secure, perfect, or insure any Lien its security interest and liens on any Collateral or other property as security for the Guaranteed Obligations or exhaust any right or take any action against Borrower Lender or any other Person or any CollateralCollateral or any other property subject to a security interest or lien; (viii) the benefit of any statute of limitation applicable to enforcement of the Guaranteed Obligations, or any portion thereof, or any Liens security interests or liens in the Collateral or other property as security for the Guaranteed Obligations; Obligations or this Guaranty Agreement: or (ix) all rights by which Guarantor might be entitled to require suit against Borrower or other Person in respect of any of the Guaranteed Obligations; or (x) any other defense of any Borrower or any other Person (other than Full Payment of that the Guaranteed ObligationsObligations shall have been paid and performed in full, or in part, to the extent of any such partial payment or performance).

Consent and Waiver. (a) The Guarantor hereby waives, waives to the maximum fullest extent permitted under Applicable by applicable Requirements of Law: (i) notice of acceptance of this Guaranty Agreement or other Loan Documents to which he is a partyAgreement; (ii) notice of any loans Revolving Loans, Letters of Credit or other financial accommodations made or extended under the Loan DocumentsCredit Documents or the creation or existence of any Guaranteed Obligations; (iii) notice of the amount of the Guaranteed Obligations, subject, however, to the Guarantor's right to make inquiry of the Agents to ascertain the amount thereof at any reasonable time; (iv) notice of any adverse change in the financial condition of any Borrower or any other Person or of any other fact that might affect increase or otherwise change the Guarantor’s 's risk with respect to the Guaranteed Obligations, any Borrower, or any other Person under this Guaranty Agreement; (v) notice of presentment for payment, demand, protest, protest and notice thereof, notice of intent to accelerate, notice of acceleration, notice of dishonor, diligence, diligence or promptness in enforcement enforcement, and indulgences of every kind as to any promissory notes or other instruments among the Guaranteed ObligationsCredit Documents; (vi) notice of any of the events or circumstances enumerated in paragraph 5 hereof, and all other notices and demands to which the Guarantor might otherwise be entitled (except if such notice is specifically required to be given to the Guarantor hereunder or under any of the Loan Credit Documents to which the Guarantor is a party); (vii) any requirement that Agent any of the Agents or any of the Lenders protect, secure, perfect, or insure the Collateral Agent's Lien or any other Lien on any Collateral or other property as security for the Guaranteed Obligations or exhaust any right or take any action against Borrower or any Borrower, any other Person or any CollateralCollateral or any other property subject to a Lien; (viii) the benefit of any statute of limitation applicable to enforcement of the Guaranteed Obligations, or any portion thereof, or any Liens in the Collateral or other property as security for the Guaranteed ObligationsObligations or this Guaranty Agreement; (ix) all rights by which the Guarantor might be entitled to require suit against Borrower or other Person on an accrued right of action in respect of any of the Guaranteed ObligationsObligations or require suit against any Borrower or any other Person; or (x) any other defense of any Borrower or any other Person (other than Full Payment of that the Guaranteed ObligationsObligations shall have been indefeasibly paid and performed in full).

Consent and Waiver. (a) Guarantor hereby waives, to the maximum extent permitted under Applicable Law: (i) notice of acceptance of this Guaranty Agreement or other Loan Documents to which he is a partyAgreement; (ii) notice of any loans Loans or other financial accommodations made or extended under the Loan Documentscreation or existence of any Guaranteed Obligations; (iii) notice of the amount of the Guaranteed Obligations; (iv) notice of any adverse change in the financial condition of Borrower Company or any other Person or of any other fact that might affect increase or otherwise change Guarantor’s 's risk with respect to the Guaranteed Obligations, Company or any other Person under or in connection with this Guaranty Agreement; (v) notice of presentment for payment, demand, protest, protest and notice thereof, notice of intent to accelerate, notice of acceleration, notice of dishonor, diligence, diligence or promptness in enforcement enforcement, and indulgences of every kind as to the Guaranteed Obligationsany promissory notes or other instruments; (vi) notice of any of the events or circumstances enumerated in paragraph 5 hereofSection 4, and all other notices and demands to which Guarantor might otherwise be entitled (except if such notice is specifically required to be given to Guarantor hereunder or under any of the other Loan Documents to which Guarantor is a partyDocuments); (vii) any requirement that Administrative Agent or any Lender protect, secure, perfect, or insure any Lien its security interest and liens on any Collateral or other property as security for the Guaranteed Obligations or exhaust any right or take any action against Borrower Company or any other Person or any CollateralCollateral or any other property subject to a security interest or lien; (viii) the benefit of any statute of limitation applicable to enforcement of the Guaranteed Obligations, or any portion thereof, or any Liens security interests or liens in the Collateral or other property as security for the Guaranteed ObligationsObligations or this Guaranty Agreement; (ix) all rights by which Guarantor might be entitled to require suit against Borrower or other Person on an accrued right of action in respect of any of the Guaranteed ObligationsObligations or require suit against Company or any other Person, whether arising pursuant to Section 34.02 of the Texas Business and Commerce Code, as amended, Section 17.001 of the Texas Civil Practice and Remedies Code, as amended, Rule 31 of the Texas Rules of Civil Procedure, as amended, or otherwise; or (x) any other defense of Borrower Company or any other Person (other than Full Payment of that the Guaranteed ObligationsObligations shall have been indefeasibly paid and performed in full, or in part, to the extent of any such partial payment or performance).