Common use of Other Provisions in Guaranty Clause in Contracts

Other Provisions in Guaranty. (i) No failure by the Agent, the Issuing Bank, the Swing Line Lender or any of the Lenders to exercise, and no delay by the Agent in exercising, any right or remedy under this Agreement shall operate as a waiver thereof. (ii) The Company waives all errors or omissions of the Agent, the Issuing Bank, the Swing Line Lender or any of the Lenders in connection with the administration of this Agreement, the Letters of Credit and any collateral security therefor, except errors or omissions which constitute gross negligence or willful misconduct. (iii) Without limiting the foregoing, the Company waives any act or omission of the Agent, the Issuing Bank, the Swing Line Lender or any of the Lenders which may affect or change in any way the liability of the Company under this Guaranty. (iv) This Guaranty shall be binding upon the Company and its successors and assigns and shall inure to the benefit of the Agent, the Issuing Bank, the Swing Line Lender and the Lenders and their respective successors and assigns, provided that the Company may not assign its obligations under this Guaranty without the consent of all of the Lenders. (v) Except as expressly provided in Section 9.1, the Company hereby waives presentment, demand for payment, notice of default, non- performance and dishonor, protest and notice of protest of or in respect of this Agreement and the incurrence of the Obligations, and notice of acceptance of this Guaranty and reliance hereupon by the Agent, the Issuing Bank, the Swing Line Lender and the Lenders. (vi) The Company agrees that this Guaranty shall automatically extend, without any further action, to this Agreement and the Obligations as the same may be amended, increased, extended, modified, supplemented or waived from time to time in accordance with the terms hereof.

Other Provisions in Guaranty. (i) No failure by the Administrative Agent, the Issuing BankL/C Issuer, the Swing Line Lender, any Lender or any Affiliate of the Lenders any Lender to exercise, and no delay by the Administrative Agent in exercising, any right or remedy under this Agreement or any Swap Contract shall operate as a waiver thereof. (ii) The Company waives all errors or omissions of the Administrative Agent, the Issuing BankL/C Issuer, the Swing Line Lender, any Lender or any Affiliate of the Lenders any Lender in connection with the administration of this Agreement, the Letters of Credit and each Swap Contract, and any collateral security therefor, except errors or omissions which constitute gross negligence or willful misconduct. (iii) Without limiting the foregoing, the Company waives any act or omission of the Administrative Agent, the Issuing BankL/C Issuer, the Swing Line Lender, any Lender or any Affiliate of the Lenders a Lender which may affect or change in any way the liability of the Company under this Guaranty. (iv) This Guaranty shall be binding upon the Company and its successors and assigns and shall inure to the benefit of the Administrative Agent, the Issuing BankL/C Issuer, the Swing Line Lender and Lender, the Lenders any each applicable Affiliate of any Lender and their respective successors and assigns, provided that the Company may not assign its obligations under this Guaranty without the consent of all of the Lenders. (v) Except as expressly provided in Section 9.1SECTION 8.01, the Company hereby waives presentment, demand for payment, notice of default, non- non-performance and dishonor, protest and notice of protest of or in respect of this Agreement and the incurrence of the Company Guaranteed Obligations, and notice of acceptance of this Guaranty and reliance hereupon by the Administrative Agent, the Issuing BankL/C Issuer, the Swing Line Lender Lender, the Lenders and the Lenderseach applicable Affiliate of any Lender. (vi) The Company agrees that this Guaranty shall automatically extend, without any further action, to this Agreement and each Swap Contract and the Company Guaranteed Obligations as the same may be amended, increased, extended, modified, supplemented or waived from time to time in accordance with the terms hereof.. SCHEDULE 2.01

Other Provisions in Guaranty. (i) No failure by the Agent, the Issuing Bank, the Swing Line Lender or any of the Lenders to exercise, and no delay by the Agent in exercising, any right or remedy under this Agreement shall operate as a waiver thereof. (ii) The Company waives all errors or omissions of the Agent, the Issuing Bank, the Swing Line Lender or any of the Lenders in connection with the administration of this Agreement, the Letters of Credit and any collateral security therefor, except errors or omissions which constitute gross negligence or willful misconduct. (iii) Without limiting the foregoing, the Company waives any act or omission of the Agent, the Issuing Bank, the Swing Line Lender or any of the Lenders which may affect or change in any way the liability of the Company under this Guaranty.. 69 (iv) This Guaranty shall be binding upon the Company and its successors and assigns and shall inure to the benefit of the Agent, the Issuing Bank, the Swing Line Lender and the Lenders and their respective successors and assigns, provided that the Company may not assign its obligations under this Guaranty without the consent of all of the Lenders. (v) Except as expressly provided in Section 9.1, the Company hereby waives presentment, demand for payment, notice of default, non- non-performance and dishonor, protest and notice of protest of or in respect of this Agreement and the incurrence of the Obligations, and notice of acceptance of this Guaranty and reliance hereupon by the Agent, the Issuing Bank, the Swing Line Lender and the Lenders. (vi) The Company agrees that this Guaranty shall automatically extend, without any further action, to this Agreement and the Obligations as the same may be amended, increased, extended, modified, supplemented or waived from time to time in accordance with the terms hereof.

Other Provisions in Guaranty. (ia) No failure by the Agent, the Issuing Bank, the Swing Line Lender Agent or any of the Lenders to exercise, and no delay by the Agent or any of the Lenders in exercising, any right or remedy under this Agreement hereunder shall operate as a waiver thereof. (iib) This Guaranty, and the obligations of the Guarantor under this Guaranty, may not be assigned or otherwise delegated. (c) The Company Guarantor waives all errors or omissions of the Agent, the Issuing Bank, the Swing Line Lender Agent or any of the Lenders Lender in connection with the administration of this Agreement, the Letters of Credit Loans and any collateral security therefor, except errors or omissions which constitute gross negligence or willful misconduct. (iiid) Without limiting the foregoing, the Company Guarantor waives to the maximum extent permitted by applicable law any act or omission of the Agent, the Issuing Bank, the Swing Line Lender Agent or any of the Lenders Lender which may affect or change in any way the liability of the Company Guarantor under this Guaranty. (ive) Each and every right, remedy and power granted to the Agent and the Lenders hereunder or allowed at law or by any other agreement shall be cumulative and not exclusive, and may be exercised by the Agent and the Lenders from time to time. (f) This Guaranty shall be binding upon the Company Guarantor and its successors and assigns and shall inure to the benefit of the Agent, the Issuing Bank, the Swing Line Lender Agent and the Lenders and their respective successors and assigns, provided that the Company may not assign its obligations under this Guaranty without the consent of all of the Lenders. (vg) Except as expressly provided in Section 9.1, the Company The Guarantor hereby waives presentment, demand for payment, notice of default, non- non-performance and dishonor, protest and notice of protest of or in respect of this Agreement Agreement, the Notes and any other Loan Documents and the incurrence of the Guaranteed Obligations, and notice of acceptance of this Guaranty and reliance hereupon by the Agent, the Issuing Bank, the Swing Line Lender Agent and the Lenders, and notice of the making of any Loans pursuant to this Agreement, notice of any sale of collateral security or any default of any sort. (vih) The Company Guarantor agrees that the Agent and the Lenders may at any time, without notice to or consent of the Guarantor, and without in any manner affecting the liability of the Guarantor hereunder, amend, increase, extend, modify, supplement or waive any term or condition of this Agreement, the Notes, any other Loan Document or all or any part of the Guaranteed Obligations and any collateral security therefor and otherwise deal with the Borrower as if this Guaranty did not exist, and the Guarantor shall be bound by, and this Guaranty shall automatically extend, without any further action, extend to this Agreement Agreement, the Notes and the other Loan Documents and the Guaranteed Obligations as the same may be so amended, increased, extended, modified, supplemented or waived without any action required by the Guarantor. (i) No provision of this Guaranty may be waived, modified or otherwise changed by any means, including, without limitation, any course of dealing, course of performance or trade usage, or oral evidence of any nature, except pursuant to a writing executed pursuant to Section 11.1 by the party against which enforcement of such waiver, modification or change is sought. (j) The Guarantor agrees that any statement of account from time the Agent or any Lender to time the Borrower which binds the Borrower, absent manifest error, shall also be binding upon the Guarantor and that copies of the Agent's or such Lender's said statements of account maintained in accordance with the terms hereofregular course of business may be used in evidence against the Guarantor in order to establish the obligations of the Guarantor hereunder.