Common use of Enforcement; Waivers; Amendments Clause in Contracts

Enforcement; Waivers; Amendments. (a) No delay on the part of any Guarantied Party in the exercise of any right or remedy arising under this Guarantee, the Credit Agreement, any other Loan Document or otherwise with respect to all or any part of the Obligations or any other guaranty of or security for all or any part of the Obligations shall operate as a waiver thereof, and no single or partial exercise by any such Person of any such right or remedy, or any abandonment or discontinuance of steps to enforce such a right or remedy, shall preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies of the Guarantied Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. Failure by any Guarantied Party at any time or times hereafter to require strict performance by the Borrower, any Guarantor, any other guarantor of all or any part of the Obligations or any other Person of any provision, warranty, term or condition contained in any Loan Document now or at any time hereafter executed by any such Persons and delivered to any Guarantied Party shall not waive, affect or diminish any right of any Guarantied Party at any time or times hereafter to demand strict performance thereof and such right shall not be deemed to have been waived by any act (except by a written instrument pursuant to Section 14.02(b)) or knowledge of any Guarantied Party, or its respective agents, officers or employees. No waiver of any provision of this Guarantee or consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be permitted by a written instrument pursuant to Section 14.02(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No action by any Guarantied Party permitted hereunder shall in any way affect or impair any Guarantied Party’s rights and remedies or the obligations of any Guarantor under this Guarantee. Any determination by a court of competent jurisdiction of the amount of any principal or interest owing by the Borrower to a Guarantied Party shall be conclusive and binding on each Guarantor irrespective of whether such Guarantor was a party to the suit or action in which such determination was made. (b) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or modified except pursuant to an agreement in writing entered into by the Guarantors and the Administrative Agent with the consent of the Required Lenders.

Enforcement; Waivers; Amendments. (a) No delay on the part of any Guarantied Party in the exercise of any right or remedy arising under this GuaranteeGuaranty, the Credit Agreement, any other Loan Document or otherwise with respect to all or any part of the Obligations or any other guaranty of or security for all or any part of the Obligations shall operate as a waiver thereof, and no single or partial exercise by any such Person of any such right or remedy, or any abandonment or discontinuance of steps to enforce such a right or remedy, shall preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies of the Guarantied Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. Failure by any Guarantied Party at any time or times hereafter to require strict performance by the Borrower, any Subsidiary Guarantor, any other guarantor of all or any part of the Obligations or any other Person of any provision, warranty, term or condition contained in any Loan Document now or at any time hereafter executed by any such Persons and delivered to any Guarantied Party shall not waive, affect or diminish any right of any Guarantied Party at any time or times hereafter to demand strict performance thereof and such right shall not be deemed to have been waived by any act (except by a written instrument pursuant to Section 14.02(b)) or knowledge of any Guarantied Party, or its respective agents, officers or employees. No waiver of any provision of this Guarantee Guaranty or consent to any departure by any Subsidiary Guarantor therefrom shall in any event be effective unless the same shall be permitted by a written instrument pursuant to Section 14.02(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No action by any Guarantied Party permitted hereunder shall in any way affect or impair any Guarantied Party’s rights and remedies or the obligations of any Subsidiary Guarantor under this GuaranteeGuaranty. Any determination by a court of competent jurisdiction of the amount of any principal or interest owing by the Borrower to a Guarantied Party shall be conclusive and binding on each Subsidiary Guarantor irrespective of whether such Subsidiary Guarantor was a party to the suit or action in which such determination was made. (b) None of the terms or provisions of this Guarantee Guaranty may be waived, amended, supplemented or modified except pursuant to an agreement in writing entered into by the Subsidiary Guarantors and the Administrative Agent with the consent of the Required Lenders.

Enforcement; Waivers; Amendments. (a) No delay on the part of any Guarantied Party in the exercise of any right or remedy arising under this GuaranteeGuaranty, the Credit Agreement, any other Loan Document or otherwise with respect to all or any part of the Obligations Obligations, the Collateral or any other guaranty of or security for all or any part of the Obligations shall operate as a waiver thereof, and no single or partial exercise by any such Person of any such right or remedy, or any abandonment or discontinuance of steps to enforce such a right or remedy, remedy shall preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies of the Guarantied Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise havethereof. Failure by any Guarantied Party at any time or times hereafter to require strict performance by the any Borrower, any Guarantor, any other guarantor of all or any part of the Obligations or any other Person of any provision, warranty, term or condition contained in any Loan Document now or at any time hereafter executed by any such Persons and delivered to any Guarantied Party shall not waive, affect or diminish any right of any Guarantied Party at any time or times hereafter to demand strict performance thereof and such right shall not be deemed to have been waived by any act (except by a written instrument pursuant to Section 14.02(b14(b)) or knowledge of any Guarantied Party, or its respective agents, officers or employees. No waiver of any provision Event of this Guarantee or consent to any departure Default by any Guarantor therefrom Guarantied Party shall in operate as a waiver of any event be effective unless other Event of Default or the same shall be permitted by Event of Default on a written instrument pursuant to Section 14.02(b)future occasion, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No no action by any Guarantied Party permitted hereunder shall in any way affect or impair any Guarantied Party’s rights and remedies or the obligations of any Guarantor under this GuaranteeGuaranty. Any determination by a court of competent jurisdiction of the amount of any principal or interest owing by the any Borrower to a Guarantied Party shall be conclusive and binding on each Guarantor irrespective of whether such Guarantor was a party to the suit or action in which such determination was made. (b) None of the terms or provisions of this Guarantee Guaranty may be waived, amended, supplemented or modified except pursuant to an agreement in writing entered into by the Guarantors and the Administrative Agent accordance with the consent Section 11.1 (Amendments, Waivers, Etc.) of the Required LendersCredit Agreement.

Enforcement; Waivers; Amendments. (a) No delay on the part of any Guarantied Party the Lender in the exercise of any right or remedy arising under this GuaranteeGuaranty, the Credit Agreement, any other Loan Document or otherwise with respect to all or any part of the Obligations or any other guaranty of or security for all or any part of the Obligations shall operate as a waiver thereof, and no single or partial exercise by any such Person of any such right or remedy, or any abandonment or discontinuance of steps to enforce such a right or remedy, remedy shall preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies of the Guarantied Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise havethereof. Failure by any Guarantied Party the Lender at any time or times hereafter to require strict performance by the Borrower, any Guarantor, any other guarantor of all or any part of the Obligations or any other Person of any provision, warranty, term or condition contained in any Loan Document now or at any time hereafter executed by any such Persons and delivered to any Guarantied Party the Lender shall not waive, affect or diminish any right of any Guarantied Party the Lender at any time or times hereafter to demand strict performance thereof and such right shall not be deemed to have been waived by any act (except by a written instrument pursuant to Section 14.02(b14(b)) or knowledge of any Guarantied Partythe Lender, or its respective agents, officers or employees. No waiver of any provision Event of this Guarantee Default by the Lender shall operate as a waiver of any other Event of Default or consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be permitted by Event of Default on a written instrument pursuant to Section 14.02(b)future occasion, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No no action by any Guarantied Party the Lender permitted hereunder shall in any way affect or impair any Guarantied Partythe Lender’s rights and remedies or the obligations of any Guarantor under this GuaranteeGuaranty. Any determination by a court of competent jurisdiction of the amount of any principal or interest owing by the Borrower to a Guarantied Party the Lender shall be conclusive and binding on each Guarantor irrespective of whether such Guarantor was a party to the suit or action in which such determination was made. (b) None of the terms or provisions of this Guarantee Guaranty may be waived, amended, supplemented or modified except pursuant to an agreement in writing entered into by the Guarantors accordance with Section 8.1 (Amendments and the Administrative Agent with the consent Waivers) of the Required LendersCredit Agreement.

Enforcement; Waivers; Amendments. (a) No delay on the part of any Guarantied Party in the exercise of any right or remedy arising under this GuaranteeGuaranty, the Credit Agreement, any other Loan Document or otherwise with respect to all or any part of the Obligations or any other guaranty of or security for all or any part of the Obligations shall operate as a waiver thereof, and no single or partial exercise by any such Person of any such right or remedy, or any abandonment or discontinuance of steps to enforce such a right or remedy, shall preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies of the Guarantied Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. Failure by any Guarantied Party at any time or times hereafter to require strict performance by the Borrower, any Subsidiary Guarantor, any other guarantor of all or any part of the Obligations or any other Person of any provision, warranty, term or condition contained in any Loan Document now or at any time hereafter executed by any such Persons and delivered to any Guarantied Party shall not waive, affect or diminish any right of any Guarantied Party at any time or times hereafter to demand strict performance thereof and such right shall not be deemed to have been waived by any act (except by a written instrument pursuant to Section 14.02(b15.02(b)) or knowledge of any Guarantied Party, or its respective agents, officers or employees. No waiver of any provision of this Guarantee Guaranty or consent to any departure by any Subsidiary Guarantor therefrom shall in any event be effective unless the same shall be permitted by a written instrument pursuant to Section 14.02(b15.02(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No action by any Guarantied Party permitted hereunder shall in any way affect or impair any Guarantied Party’s rights and remedies or the obligations of any Subsidiary Guarantor under this GuaranteeGuaranty. Any determination by a court of competent jurisdiction of the amount of any principal or interest owing by the Borrower to a Guarantied Party shall be conclusive and binding on each Subsidiary Guarantor irrespective of whether such Subsidiary Guarantor was a party to the suit or action in which such determination was made. (b) None of the terms or provisions of this Guarantee Guaranty may be waived, amended, supplemented or modified except pursuant to an agreement in writing entered into by the Subsidiary Guarantors and the Administrative Agent with the consent of the Required Lenders.

Enforcement; Waivers; Amendments. (a) No delay on the part of any Guarantied Party in the exercise of any right or remedy arising under this GuaranteeGuaranty, the Credit Agreement, any other Loan Document Financing Agreement or otherwise with respect to all or any part of the Obligations Obligations, the Collateral or any other guaranty of or security for all or any part of the Obligations shall operate as a waiver thereof, and no single or partial exercise by any such Person of any such right or remedy, or any abandonment or discontinuance of steps to enforce such a right or remedy, remedy shall preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies of the Guarantied Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise havethereof. Failure by any Guarantied Party at any time or times hereafter to require strict performance by the Borrowers or any Borrower, any Guarantor, any other guarantor of all or any part of the Obligations or any other Person of any provision, warranty, term or condition contained in any Loan Document Financing Agreement now or at any time hereafter executed by any such Persons and delivered to any Guarantied Party shall not waive, affect or diminish any right of any Guarantied Party at any time or times hereafter to demand strict performance thereof and such right shall not be deemed to have been waived by any act (except by a written instrument pursuant to Section 14.02(b)14(b) or knowledge of any Guarantied Party, or its respective agents, officers or employees. No waiver of any provision Event of this Guarantee or consent to any departure Default by any Guarantor therefrom Guarantied Party shall in operate as a waiver of any event be effective unless other Event of Default or the same shall be permitted by Event of Default on a written instrument pursuant to Section 14.02(b)future occasion, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No no action by any Guarantied Party permitted hereunder shall in any way affect or impair any Guarantied Party’s rights and remedies or the obligations of any Guarantor under this GuaranteeGuaranty. Any determination by a court of competent jurisdiction of the amount of any principal or interest owing by the Borrowers or any Borrower to a Guarantied Party shall be conclusive and binding on each Guarantor irrespective of whether such Guarantor was a party to the suit or action in which such determination was made. (b) None of the terms or provisions of this Guarantee Guaranty may be waived, amended, supplemented or modified except pursuant to an agreement in writing entered into by the Guarantors and the Administrative Agent accordance with the consent Section11.1 (Amendments, Waivers, Etc.) of the Required LendersCredit Agreement.

Enforcement; Waivers; Amendments. (a) No delay on the part of any Guarantied Party in the exercise of any right or remedy arising under this GuaranteeGuaranty, the Credit Agreement, any other Loan Document or otherwise with respect to all or any part of the Obligations Obligations, the Collateral or any other guaranty of or security for all or any part of the Obligations shall operate as a waiver thereof, and no single or partial exercise by any such Person of any such right or remedy, or any abandonment or discontinuance of steps to enforce such a right or remedy, remedy shall preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies of the Guarantied Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise havethereof. Failure by any Guarantied Party at any time or times hereafter to require strict performance by the Borrower, any Guarantor, any other guarantor of all or any part of the Obligations or any other Person of any provision, warranty, term or condition contained in any Loan Document now or at any time hereafter executed by any such Persons and delivered to any Guarantied Party shall not waive, affect or diminish any right of any Guarantied Party at any time or times hereafter to demand strict performance thereof and such right shall not be deemed to have been waived by any act (except by a written instrument pursuant to Section 14.02(b14(b)) or knowledge of any Guarantied Party, or its respective agents, officers or employees. No waiver of any provision Event of this Guarantee or consent to any departure Default by any Guarantor therefrom Guarantied Party shall in operate as a waiver of any event be effective unless other Event of Default or the same shall be permitted by Event of Default on a written instrument pursuant to Section 14.02(b)future occasion, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No no action by any Guarantied Party permitted hereunder shall in any way affect or impair any Guarantied Party’s 's rights and remedies or the obligations of any Guarantor under this GuaranteeGuaranty. Any determination by a court of competent jurisdiction of the amount of any principal or interest owing by the Borrower to a Guarantied Party shall be conclusive and binding on each Guarantor irrespective of whether such Guarantor was a party to the suit or action in which such determination was made. (b) None of the terms or provisions of this Guarantee Guaranty may be waived, amended, supplemented or modified except pursuant to an agreement in writing entered into by the Guarantors and the Administrative Agent accordance with the consent Section 11.1 (Amendments, Waivers, Etc.) of the Required LendersCredit Agreement.

Enforcement; Waivers; Amendments. (a) No delay on the part of any Guarantied Party in the exercise of any right or remedy arising under this GuaranteeGuaranty, the Credit Agreement, Agreement or any other Loan Document or otherwise with respect to all or any part of the Obligations Obligations, or any other guaranty of or security for all or any part of the Obligations shall operate as a waiver thereof, and no single or partial exercise by any such Person of any such right or remedy, or any abandonment or discontinuance of steps to enforce such a right or remedy, remedy shall preclude any other or further exercise thereof or the any exercise of any other right or remedy. The rights and remedies of the Guarantied Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. Failure by any Guarantied Party at any time or times hereafter to require strict performance by the any Borrower, any Guarantor, any other guarantor of all or any part of the Obligations or any other Person of any provision, warranty, term or condition contained in any Loan Document now or at any time hereafter executed by any such Persons and delivered to any Guarantied Party shall not waive, affect or diminish any right of any Guarantied Party at any time or times hereafter to demand strict performance thereof and such right shall not be deemed to have been waived by any act (except by a written instrument pursuant to Section 14.02(b14(b)) or knowledge of any Guarantied Party, or its respective agents, officers or employees. No waiver of any provision Event of this Guarantee or consent to any departure Default by any Guarantor therefrom Guarantied Party shall in operate as a waiver of any event be effective unless other Event of Default or the same shall be permitted by Event of Default on a written instrument pursuant to Section 14.02(b)future occasion, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No no action by any Guarantied Party permitted hereunder shall in any way affect or impair any Guarantied Party’s rights and remedies or the obligations of any Guarantor under this GuaranteeGuaranty. Any determination by a court of competent jurisdiction of the amount of any principal or interest owing by the a Borrower to a Guarantied Party shall be conclusive and binding on each Guarantor irrespective of whether such Guarantor was a party to the suit or action in which such determination was made. (b) None of the terms or provisions No provision of this Guarantee Guaranty may be waived, amended, supplemented or modified except unless done so in a written instrument executed and delivered by each Guarantor and the Lenders required to consent thereto pursuant to an agreement in writing entered into by the Guarantors and the Administrative Agent with the consent Section 10.08 (Waivers; Amendment) of the Required LendersCredit Agreement.

Enforcement; Waivers; Amendments. (a) No delay on the part of any Guarantied Guaranteed Party in the exercise of any right or remedy arising under this GuaranteeGuaranty, the Credit Agreement, any other Loan Document or otherwise with respect to all or any part of the Obligations or any other guaranty of or security for all or any part of the Obligations shall operate as a waiver thereof, and no single or partial exercise by any such Person of any such right or remedy, or any abandonment or discontinuance of steps to enforce such a right or remedy, remedy shall preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies of the Guarantied Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise havethereof. Failure by any Guarantied Guaranteed Party at any time or times hereafter to require strict performance by the Borrower, any Subsidiary Guarantor, any other guarantor of all or any part of the Obligations or any other Person of any provision, warranty, term or condition contained in any Loan Document now or at any time hereafter executed by any such Persons and delivered to any Guarantied Guaranteed Party shall not waive, affect or diminish any right of any Guarantied Guaranteed Party at any time or times hereafter to demand strict performance thereof and such right shall not be deemed to have been waived by any act (except by a written instrument pursuant to Section 14.02(b)9.02 of the Credit Agreement) or knowledge of any Guarantied Guaranteed Party, or its respective agents, officers or employees. No waiver of any provision of this Guarantee or consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be permitted by a written instrument pursuant to Section 14.02(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No action by any Guarantied Guaranteed Party permitted hereunder shall in any way affect or impair any Guarantied Guaranteed Party’s rights and remedies or the obligations of any Subsidiary Guarantor under this GuaranteeGuaranty. Any determination by a court of competent jurisdiction of the amount of any principal or interest owing by the Borrower to a Guarantied Guaranteed Party shall be conclusive and binding on each Guarantor the Subsidiary Guarantors irrespective of whether such any Subsidiary Guarantor was a party to the suit or action in which such determination was made. (b) None of the terms or provisions of this Guarantee Guaranty may be waived, amended, supplemented or modified except pursuant to an agreement in writing entered into by each Subsidiary Guarantor, the Guarantors Borrower and the Required Lenders or by each Subsidiary Guarantor, the Borrower and the Administrative Agent with the consent of the Required Lenders.

Enforcement; Waivers; Amendments. (a) No delay on the part of any Guarantied Party in the exercise of any right or remedy arising under this GuaranteeGuaranty, the Credit Agreement, any other Loan Document or otherwise with respect to all or any part of the Obligations Obligations, the Collateral or any other guaranty of or security for all or any part of the Obligations shall operate as a waiver thereof, and no single or partial exercise by any such Person of any such right or remedy, or any abandonment or discontinuance of steps to enforce such a right or remedy, remedy shall preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies of the Guarantied Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise havethereof. Failure by any Guarantied Party at any time or times hereafter to require strict performance by the Borrower, any Guarantor, any other guarantor of all or any part of the Obligations or any other Person of any provision, warranty, term or condition contained in any Loan Document now or at any time hereafter executed by any such Persons and delivered to any Guarantied Party shall not waive, affect or diminish any right of any Guarantied Party at any time or times hereafter to demand strict performance thereof and such right shall not be deemed to have been waived by any act (except by a written instrument pursuant to Section 14.02(b)) or 14(b))or knowledge of any Guarantied Party, or its respective agents, officers or employees. No waiver of any provision Event of this Guarantee or consent to any departure Default by any Guarantor therefrom Guarantied Party shall in operate as a waiver of any event be effective unless other Event of Default or the same shall be permitted by Event of Default on a written instrument pursuant to Section 14.02(b)future occasion, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No no action by any Guarantied Party permitted hereunder shall in any way affect or impair any Guarantied Party’s 's rights and remedies or the obligations of any Guarantor under this GuaranteeGuaranty. Any determination by a court of competent jurisdiction of the amount of any principal or interest owing by the Borrower to a Guarantied Party shall be conclusive and binding on each Guarantor irrespective of whether such Guarantor was a party to the suit or action in which such determination was made. (b) None of the terms or provisions of this Guarantee Guaranty may be waived, amended, supplemented or otherwise modified except pursuant to an agreement in writing entered into by the Guarantors and the Administrative Agent accordance with the consent Section 11.1 of the Required LendersCredit Agreement.

Enforcement; Waivers; Amendments. (a) No delay on the part of any Guarantied Party in the exercise of any right or remedy arising under this GuaranteeGuaranty, the Credit Term Loan Agreement, any other Loan Document or otherwise with respect to all or any part of the Obligations Obligations, the Collateral or any other guaranty of or security for all or any part of the Obligations shall operate as a waiver thereof, and no single or partial exercise by any such Person of any such right or remedy, or any abandonment or discontinuance of steps to enforce such a right or remedy, remedy shall preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies of the Guarantied Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise havethereof. Failure by any Guarantied Party at any time or times hereafter to require strict performance by the Borrower, any Guarantor, any other guarantor of all or any part of the Obligations or any other Person of any provision, warranty, term or condition contained in any Loan Document now or at any time hereafter executed by any such Persons and delivered to any Guarantied Party shall not waive, affect or diminish any right of any Guarantied Party at any time or times hereafter to demand strict performance thereof and such right shall not be deemed to have been waived by any act (except by a written instrument pursuant to Section 14.02(b)14(b) or knowledge of any Guarantied Party, or its respective agents, officers or employees. No waiver of any provision Event of this Guarantee or consent to any departure Default by any Guarantor therefrom Guarantied Party shall in operate as a waiver of any event be effective unless other Event of Default or the same shall be permitted by Event of Default on a written instrument pursuant to Section 14.02(b)future occasion, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No no action by any Guarantied Party permitted hereunder shall in any way affect or impair any Guarantied Party’s rights and remedies or the obligations of any Guarantor under this GuaranteeGuaranty. Any determination by a court of competent jurisdiction of the amount of any principal or interest owing by the Borrower to a Guarantied Party shall be conclusive and binding on each Guarantor irrespective of whether such Guarantor was a party to the suit or action in which such determination was made. (b) None of the terms or provisions of this Guarantee Guaranty may be waived, amended, supplemented or modified except pursuant to an agreement in writing entered into by the Guarantors and the Administrative Agent accordance with the consent Section 11.1 (Amendments, Waivers, Etc.) of the Required LendersTerm Loan Agreement.

Enforcement; Waivers; Amendments. (a) No delay on the part of any Guarantied Party in the exercise of any right or remedy arising under this Guarantee, the Credit Agreement, any other Loan Document or otherwise with respect to all or any part of the Obligations or any other guaranty of or security for all or any part of the Obligations shall operate as a waiver thereof, and no single or partial exercise by any such Person of any such right or remedy, or any abandonment or discontinuance of steps to enforce such a right or remedy, remedy shall preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies of the Guarantied Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise havethereof. Failure by any Guarantied Party at any time or times hereafter to require strict performance by the Borrower, any Guarantor, any other guarantor of all or any part of the Obligations or any other Person of any provision, warranty, term or condition contained in any Loan Document now or at any time hereafter executed by any such Persons and delivered to any Guarantied Party shall not waive, affect or diminish any right of any Guarantied Party at any time or times hereafter to demand strict performance thereof and such right shall not be deemed to have been waived by any act (except by a written instrument pursuant to Section 14.02(b)) or knowledge of any Guarantied Party, or its respective agents, officers or employees. No waiver of any provision Event of this Guarantee or consent to any departure Default by any Guarantor therefrom Guarantied Party shall in operate as a waiver of any event be effective unless other Event of Default or the same shall be permitted by Event of Default on a written instrument pursuant to Section 14.02(b)future occasion, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No no action by any Guarantied Party permitted hereunder shall in any way affect or impair any Guarantied Party’s rights and remedies or the obligations of any Guarantor under this Guarantee. Any determination by a court of competent jurisdiction of the amount of any principal or interest owing by the Borrower to a Guarantied Party shall be conclusive and binding on each Guarantor irrespective of whether such Guarantor was a party to the suit or action in which such determination was made. (b) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or modified except pursuant to an agreement in writing entered into by the Guarantors and the Required Lenders or by the Guarantors and the Administrative Agent with the consent of the Required Lenders.

Enforcement; Waivers; Amendments. (a) No delay on the part of any Guarantied Party in the exercise of any right or remedy arising under this Guarantee, the Credit Agreement, any other Loan Document or otherwise with respect to all or any part of the Obligations or any other guaranty of or security for all or any part of the Obligations shall operate as a waiver thereof, and no single or partial exercise by any such Person of any such right or remedy, or any abandonment or discontinuance of steps to enforce such a right or remedy, shall preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies of the Guarantied Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. Failure by any Guarantied Party at any time or times hereafter to require strict performance by the Borrower, any Guarantor, any other guarantor of all or any part of the Obligations or any other Person of any provision, warranty, term or condition contained in any Loan Document now or at any time hereafter executed by any such Persons and delivered to any Guarantied Party shall not waive, affect or diminish any right of any Guarantied Party at any time or times hereafter to demand strict performance thereof and such right shall not be deemed to have been waived by any act (except by a written instrument pursuant to Section 14.02(b)) or knowledge of any Guarantied Party, or its respective agents, officers or employees. No waiver of any provision of this Guarantee or consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be permitted by a written instrument pursuant to Section 14.02(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No action by any Guarantied Party permitted hereunder shall in any way affect or impair any Guarantied Party’s rights and remedies or the obligations of any Guarantor under this Guarantee. Any determination by a court of competent jurisdiction of the amount of any principal or interest owing by the Borrower to a Guarantied Party shall be conclusive and binding on each Guarantor irrespective of whether such Guarantor was a party to the suit or action in which such determination was made. (b) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or modified except pursuant to an agreement in writing entered into by the Guarantors and the Administrative Agent with the consent of the Required Lenders.

Enforcement; Waivers; Amendments. (a) No delay on the part of any Guarantied Party in the exercise of any right or remedy arising under this GuaranteeGuaranty, the Credit Agreement, any other Loan Document Financing Agreement or otherwise with respect to all or any part of the Obligations Obligations, the Collateral or any other guaranty of or security for all or any part of the Obligations shall operate as a waiver thereof, and no single or partial exercise by any such Person of any such right or remedy, or any abandonment or discontinuance of steps to enforce such a right or remedy, remedy shall preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies of the Guarantied Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise havethereof. Failure by any Guarantied Party at any time or times hereafter to require strict performance by the Borrowers or any Borrower, any Guarantor, any other guarantor of all or any part of the Obligations or any other Person of any provision, warranty, term or condition contained in any Loan Document Financing Agreement now or at any time hereafter executed by any such Persons and delivered to any Guarantied Party shall not waive, affect or diminish any right of any Guarantied Party at any time or times hereafter to demand strict performance thereof and such right shall not be deemed to have been waived by any act (except by a written instrument pursuant to Section 14.02(b)14(b) or knowledge of any Guarantied Party, or its respective agents, officers or employees. No waiver of any provision Event of this Guarantee or consent to any departure Default by any Guarantor therefrom Guarantied Party shall in operate as a waiver of any event be effective unless other Event of Default or the same shall be permitted by Event of Default on a written instrument pursuant to Section 14.02(b)future occasion, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No no action by any Guarantied Party permitted hereunder shall in any way affect or impair any Guarantied Party’s rights and remedies or the obligations of any Guarantor under this GuaranteeGuaranty. Any determination by a court of competent jurisdiction of the amount of any principal or interest owing by the Borrower to a Guarantied Party shall be conclusive and binding on each Guarantor irrespective of whether such Guarantor was a party to the suit or action in which such determination was made. (b) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or modified except pursuant to an agreement in writing entered into by the Guarantors and the Administrative Agent with the consent of the Required Lenders.GUARANTY

Enforcement; Waivers; Amendments. (a) No delay on the part of any Guarantied Party in the exercise of any right or remedy arising under this GuaranteeGuaranty, the Credit Agreement, any other Loan Document or otherwise with respect to all or any part of the Obligations Obligations, the Collateral or any other guaranty of or security for all or any part of the Obligations shall operate as a waiver thereof, and no single or partial exercise by any such Person of any such right or remedy, or any abandonment or discontinuance of steps to enforce such a right or remedy, remedy shall preclude any other or further Guaranty Orbital Sciences Corporation exercise thereof or the exercise of any other right or remedy. The rights and remedies of the Guarantied Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise havethereof. Failure by any Guarantied Party at any time or times hereafter to require strict performance by the Borrower, any Guarantor, any other guarantor of all or any part of the Obligations or any other Person of any provision, warranty, term or condition contained in any Loan Document now or at any time hereafter executed by any such Persons and delivered to any Guarantied Party shall not waive, affect or diminish any right of any Guarantied Party at any time or times hereafter to demand strict performance thereof and such right shall not be deemed to have been waived by any act (except by a written instrument pursuant to Section 14.02(b)14(b) or knowledge of any Guarantied Party, or its respective agents, officers or employees. No waiver of any provision Event of this Guarantee or consent to any departure Default by any Guarantor therefrom Guarantied Party shall in operate as a waiver of any event be effective unless other Event of Default or the same shall be permitted by Event of Default on a written instrument pursuant to Section 14.02(b)future occasion, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No no action by any Guarantied Party permitted hereunder shall in any way affect or impair any Guarantied Party’s rights and remedies or the obligations of any Guarantor under this GuaranteeGuaranty. Any determination by a court of competent jurisdiction of the amount of any principal or interest owing by the Borrower to a Guarantied Party shall be conclusive and binding on each Guarantor irrespective of whether such Guarantor was a party to the suit or action in which such determination was made. (b) None of the terms or provisions of this Guarantee Guaranty may be waived, amended, supplemented or modified except pursuant to an agreement in writing entered into by the Guarantors and the Administrative Agent accordance with the consent Section11.1 (Amendments, Waivers, Etc.) of the Required LendersCredit Agreement.

Enforcement; Waivers; Amendments. (a) No delay on the part of any Guarantied Party in the exercise of any right or remedy arising under this GuaranteeGuaranty, the Credit Agreement, Agreement or any other Loan Document or otherwise with respect to all or any part of the Obligations Obligations, or any other guaranty of or security for all or any part of the Obligations shall operate as a waiver thereof, and no single or partial exercise by any such Person of any such right or remedy, or any abandonment or discontinuance of steps to enforce such a right or remedy, remedy shall preclude any other or further exercise thereof or the any exercise of any other right or remedy. The rights and remedies of the Guarantied Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. Failure by any Guarantied Party at any time or times hereafter to require strict performance by the any Borrower, any Guarantor, any other guarantor of all or any part of the Obligations or any other Person of any provision, warranty, term or condition contained in any Loan Document now or at any time hereafter executed by any such Persons and delivered to any Guarantied Party shall not waive, affect or diminish any right of any Guarantied Party at any time or times hereafter to demand strict performance thereof and such right shall not be deemed to have been waived by any act (except by a written instrument pursuant to Section 14.02(b14(b)) or knowledge of any Guarantied Party, or its respective agents, officers or employees. No waiver of any provision Event of this Guarantee or consent to any departure Default by any Guarantor therefrom Guarantied Party shall in operate as a waiver of any event be effective unless other Event of Default or the same shall be permitted by Event of Default on a written instrument pursuant to Section 14.02(b)future occasion, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No no action by any Guarantied Party permitted hereunder shall in any way affect or impair any Guarantied Party’s rights and remedies or the obligations of any Guarantor under this GuaranteeGuaranty. Any determination by a court of competent jurisdiction of the amount of any principal or interest owing by the a Borrower to a Guarantied Party shall be conclusive and binding on each Guarantor irrespective of whether such Guarantor was a party to the suit or action in which such determination was made. (b) None of the terms or provisions No provision of this Guarantee Guaranty may be waived, amended, supplemented or modified except unless done so in a written instrument executed and delivered by each Guarantor and the Lenders required to consent thereto pursuant to an agreement in writing entered into by the Guarantors and the Administrative Agent with the consent Section 10.08 (Waivers; Amendment) of the Required LendersCredit Agreement.

Enforcement; Waivers; Amendments. (a) No delay on the part of any Guarantied Party in the exercise of any right or remedy arising under this GuaranteeGuaranty, the Credit Agreement, any other Loan Document or otherwise with respect to all or any part of the Obligations or any other guaranty of or security for all or any part of the Obligations shall operate as a waiver thereof, and no single or partial exercise by any such Person of any such right or remedy, or any abandonment or discontinuance of steps to enforce such a right or remedy, remedy shall preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies of the Guarantied Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise havethereof. Failure by any Guarantied Party at any time or times hereafter to require strict performance by the BorrowerBorrowers, any the Guarantor, any other guarantor of all or any part of the Obligations or any other Person of any provision, warranty, term or condition contained in any Loan Document now or at any time hereafter executed by any such Persons and delivered to any Guarantied Party shall not waive, affect or diminish any right of any Guarantied Party at any time or times hereafter to demand strict performance thereof and such right shall not be deemed to have been waived by any act (except by a written instrument pursuant to Section 14.02(b11(b)) or knowledge of any Guarantied Party, or its respective agents, officers or employees. No waiver of any provision Event of this Guarantee or consent to any departure Default by any Guarantor therefrom Guarantied Party shall in operate as a waiver of any event be effective unless other Event of Default or the same shall be permitted by Event of Default on a written instrument pursuant to Section 14.02(b)future occasion, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No no action by any Guarantied Party permitted hereunder shall in any way affect or impair any Guarantied Party’s rights and remedies or the obligations of any the Guarantor under this GuaranteeGuaranty. Any determination by a court of competent jurisdiction of the amount of any principal or interest owing by the Borrower Borrowers to a Guarantied Party shall be conclusive and binding on each the Guarantor irrespective of whether such the Guarantor was a party to the suit or action in which such determination was made. (b) None of the terms or provisions of this Guarantee Guaranty may be waived, amended, supplemented or modified except pursuant to an agreement in writing entered into by the Guarantors and the Administrative Agent accordance with the consent Section 10.1 of the Required LendersCredit Agreement.

Enforcement; Waivers; Amendments. (a) No delay on the part of any Guarantied Guaranteed Party in the exercise of any right or remedy arising under this GuaranteeGuaranty, the Amended and Restated Credit Agreement, Agreement or any other Loan Document Document, any Swap Agreement or otherwise with respect to all or any part of the Guaranteed Obligations or any other guaranty of or security for all or any part of the Guaranteed Obligations shall operate as a waiver thereof, and no single or partial exercise by any such Person of any such right or remedy, or any abandonment or discontinuance of steps to enforce such a right or remedy, remedy shall preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies of the Guarantied Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise havethereof. Failure by any Guarantied Guaranteed Party at any time or times hereafter to require strict performance by the Borrower, any GuarantorSubsidiary Guarantor or other Subsidiary of the Borrower, any other guarantor of all or any part of the Guaranteed Obligations or any other Person of any provision, warranty, term or condition contained in any Loan Document or Swap Agreement now or at any time hereafter executed by any such Persons and delivered to any Guarantied Guaranteed Party shall not waive, affect or diminish any right of any Guarantied Guaranteed Party at any time or times hereafter to demand strict performance thereof and such right shall not be deemed to have been waived by any act (except by a written instrument pursuant to Section 14.02(b)9.02 of the Amended and Restated Credit Agreement) or knowledge of any Guarantied Guaranteed Party, or its respective agents, officers or employees. No waiver of any provision of this Guarantee or consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be permitted by a written instrument pursuant to Section 14.02(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No action by any Guarantied Guaranteed Party permitted hereunder shall in any way affect or impair any Guarantied Guaranteed Party’s rights and remedies or the obligations of any Guarantor under this GuaranteeGuaranty. Any determination by a court of competent jurisdiction of the amount of any principal or interest owing by the Borrower to a Guarantied Guaranteed Party shall be conclusive and binding on each Guarantor the Guarantors irrespective of whether such Guarantor the Borrower or any Subsidiary of the Borrower was a party to the suit or action in which such determination was made. (b) None of the terms or provisions of this Guarantee Guaranty may be waived, amended, supplemented or modified except pursuant to an agreement in writing entered into by each Subsidiary Guarantor, the Guarantors Borrower and the Required Lenders or by each Subsidiary Guarantor, the Borrower and the Administrative Agent with the consent of the Required Lenders.

Enforcement; Waivers; Amendments. (a) No delay on the part of any Guarantied Party in the exercise of any right or remedy arising under this GuaranteeGuaranty, the Credit Agreement, any other Loan Document or otherwise with respect to all or any part of the Obligations Obligations, the Collateral or any other guaranty of or security for all or any part of the Obligations shall operate as a waiver thereof, and no single or partial exercise by any such Person of any such right or remedy, or any abandonment or discontinuance of steps to enforce such a right or remedy, remedy shall preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies of the Guarantied Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise havethereof. Failure by any Guarantied Party at any time or times hereafter to require strict performance by the Borrower, any Guarantor, any other guarantor of all or any part of the Obligations or any other Person of any provision, warranty, term or condition contained in any Loan Document now or at any time hereafter executed by any such Persons and delivered to any Guarantied Party shall not waive, affect or diminish any right of any Guarantied Party at any time or times hereafter to demand strict performance thereof and such right shall not be deemed to have been waived by any act (except by a written instrument pursuant to Section 14.02(b14(b)) or knowledge of any Guarantied Party, or its respective agents, officers or employees. No waiver of any provision Event of this Guarantee or consent to any departure Default by any Guarantor therefrom Guarantied Party shall in operate as a waiver of any event be effective unless other Event of Default or the same shall be permitted by Event of Default on a written instrument pursuant to Section 14.02(b)future occasion, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No no action by any Guarantied Party permitted hereunder shall in any way affect or impair any Guarantied Party’s rights and remedies or the obligations of any Guarantor under this GuaranteeGuaranty. Any determination by a court of competent jurisdiction of the amount of any principal or interest owing by the Borrower to a Guarantied Party shall be conclusive and binding on each Guarantor irrespective of whether such Guarantor was a party to the suit or action in which such determination was made. (b) None of the terms or provisions of this Guarantee Guaranty may be waived, amended, supplemented or modified except pursuant to an agreement in writing entered into by the Guarantors and the Administrative Agent accordance with the consent of the Required Lenders.Section 9.02 (

Enforcement; Waivers; Amendments. (a) No delay on the part of any Guarantied Party in the exercise of any right or remedy arising under this Guarantee, the Credit Agreement, any other Loan Document or otherwise with respect to all or any part of the Obligations or any other guaranty of or security for all or any part of the Obligations shall operate as a waiver thereof, and no single or partial exercise by any such Person of any such right or remedy, or any abandonment or discontinuance of steps to enforce such a right or remedy, shall preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies of the Guarantied Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. Failure by any Guarantied Party at any time or times hereafter to require strict performance by the Borrower, any Guarantor, any other guarantor of all or any part of the Obligations or any other Person of any provision, warranty, term or condition contained in any Loan Document now or at any time hereafter executed by any such Persons and delivered to any Guarantied Party shall not waive, affect or diminish any right of any Guarantied Party at any time or times hereafter to demand strict performance thereof and such right shall not be deemed to have been waived by any act (except by a written instrument pursuant to Section 14.02(b)) or knowledge of any Guarantied Party, or its respective agents, officers or employees. No waiver of any provision of this Guarantee or consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be permitted by a written instrument pursuant to Section 14.02(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No action by any Guarantied Party permitted hereunder shall in any way affect or impair any Guarantied Party’s rights and remedies or the obligations of any Guarantor under this Guarantee. Any determination by a court of competent jurisdiction of the amount of any principal or interest owing by the Borrower to a Guarantied Party shall be conclusive and binding on each Guarantor irrespective of whether such Guarantor was a party to the suit or action in which such determination was made. (b) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or modified except pursuant to an agreement in writing entered into by the Guarantors and the Administrative Agent with the consent of the Required Lenders.Guarantied

Enforcement; Waivers; Amendments. (a) No delay on the part of any Guarantied Party in the exercise of any right or remedy arising under this GuaranteeGuaranty, the Credit Agreement, any other Loan Document or otherwise with respect to all or any part of the Obligations Obligations, the Collateral or any other guaranty of or security for all or any part of the Obligations shall operate as a waiver thereof, and no single or partial exercise by any such Person of any such right or remedy, or any abandonment or discontinuance of steps to enforce such a right or remedy, remedy shall preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies of the Guarantied Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise havethereof. Failure by any Guarantied Party at any time or times hereafter to require strict performance by the Borrower, any Guarantor, any other guarantor of all or any part of the Obligations or any other Person of any provision, warranty, term or condition contained in any Loan Document now or at any time hereafter executed by any such Persons and delivered to any Guarantied Party shall not waive, affect or diminish any right of any Guarantied Party at any time or times hereafter to demand strict performance thereof and such right shall not be deemed to have been waived by any act (except by a written instrument pursuant to Section 14.02(b)14(b) or knowledge of any Guarantied Party, or its respective agents, officers or employees. No waiver of any provision Event of this Guarantee or consent to any departure Default by any Guarantor therefrom Guarantied Party shall in operate as a waiver of any event be effective unless other Event of Default or the same shall be permitted by Event of Default on a written instrument pursuant to Section 14.02(b)future occasion, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No no action by any Guarantied Party permitted hereunder shall in any way affect or impair any Guarantied Party’s rights and remedies or the obligations of any Guarantor under this GuaranteeGuaranty. Any determination by a court of competent jurisdiction of the amount of any principal or interest owing by the Borrower to a Guarantied Party shall be conclusive and binding on each Guarantor irrespective of whether such Guarantor was a party to the suit or action in which such determination was made. (b) None of the terms or provisions of this Guarantee Guaranty may be waived, amended, supplemented or modified except pursuant to an agreement in writing entered into by the Guarantors and the Administrative Agent accordance with the consent Section11.1 (Amendments, Waivers, Etc.) of the Required LendersCredit Agreement.

Enforcement; Waivers; Amendments. (a) No delay on the part of any Guarantied Party in the exercise of any right or remedy arising under this GuaranteeGuaranty, the Credit Agreement, any other Loan Document or otherwise with respect to all or any part of the Obligations Obligations, the Collateral or any other guaranty of or security for all or any part of the Obligations shall operate as a waiver thereof, and no single or partial exercise by any such Person of any such right or remedy, or any abandonment or discontinuance of steps to enforce such a right or remedy, remedy shall preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies of the Guarantied Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise havethereof. Failure by any Guarantied Party at any time or times hereafter to require strict performance by the Borrower, any Guarantor, any other guarantor of all or any part of the Obligations or any other Person of any provision, warranty, term or condition contained in any Loan Document now or at any time hereafter executed by any such Persons and delivered to any Guarantied Party shall not waive, affect or diminish any right of any Guarantied Party at any time or times hereafter to demand strict performance thereof and such right shall not be deemed to have been waived by any act (except by a written instrument pursuant to Section 14.02(b14(b)) or knowledge of any Guarantied Party, or its respective agents, officers or employees. No waiver of any provision Event of this Guarantee or consent to any departure Default by any Guarantor therefrom Guarantied Party shall in operate as a waiver of any event be effective unless other Event of Default or the same shall be permitted by Event of Default on a written instrument pursuant to Section 14.02(b)future occasion, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No no action by any Guarantied Party permitted hereunder shall in any way affect or impair any Guarantied Party’s rights and remedies or the obligations of any Guarantor under this GuaranteeGuaranty. Any determination by a court of competent jurisdiction of the amount of any principal or interest owing by the Borrower to a Guarantied Party shall be conclusive and binding on each Guarantor irrespective of whether such Guarantor was a party to the suit or action in which such determination was made. (b) None of the terms or provisions of this Guarantee Guaranty may be waived, amended, supplemented or modified except pursuant to an agreement in writing entered into by the Guarantors and the Administrative Agent accordance with the consent Section 11.1 (Amendments, Waivers, Etc.) of the Required LendersCredit Agreement.