Common use of Waivers, Amendments, Etc Clause in Contracts

Waivers, Amendments, Etc. The provisions of this Agreement may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed); provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; (b) reduce any fees described in Article III, extend any date fixed for payment, extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnvera; or (c) affect the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed)Lenders; provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, a. modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) b. modify this Section 11.1 or change the definition of “Required Lenders” shall be made without the consent of each Lender; c. increase the Commitment of any Lender shall be made without the consent of such Lender; d. reduce any fees described in Article III, III payable to any Lender shall be made without the consent of such Lender; e. extend the Commitment Termination Date of any date fixed for payment, Lender shall be made without the consent of such Lender; f. extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any the Loan (or reduce the principal amount of or rate of interest on any the Loan) owed to any Lender shall be made without the consent of each Lender affected thereby and Finnverasuch Lender; or (c) g. affect adversely the interests, rights or obligations of the Administrative Facility Agent in its capacity as such shall be made without consent of the Administrative Facility Agent. No failure or delay on the part of the Administrative Facility Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any the Administrative Facility Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. The Lenders hereby agree, at any time and from time to time that the Nordea Agreement or the Citibank Agreement is amended or refinanced, to negotiate in good faith to amend this Agreement to conform any representations, warranties, covenants or events of default in this Agreement to the amendments made to any substantively comparable provisions in the Nordea Agreement or the Citibank Agreement or any refinancing thereof.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 10.1, change the definition of “Required Lenders”, increase the Revolving Commitment Amount or the Percentage of any Lender, reduce any fees described in Article III, change the schedule of repayments of Loans provided for in Section 3.1.2, release any Guarantor from its obligations pursuant to any Guaranty (except in connection with a Permitted Asset Disposition or as otherwise permitted hereby, in which such cases no consent of any Lender is required), release all or substantially all of the collateral security (except in connection with a Permitted Asset Disposition or as otherwise permitted hereby, in which such cases no consent of any Lender is required), except as otherwise specifically provided in any Loan Document or extend any date fixed for payment, the Revolving Commitment Termination Date or Maturity Date shall be made without the consent of each Lender and each holder of a Note; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan or any fee payable to a Lender (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each the holder of that Note evidencing such Loan or Lender affected thereby and Finnvera; orentitled to such fee; (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such qua the Agent shall be made without consent of the Administrative Agent; or (e) modify Section 2.7 or 8.4 shall be made without the consent of the Letter of Credit Issuer. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower any Credit Party in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed)Lenders; provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, a. modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) b. modify this Section 11.1 or change the definition of “Required Lenders” shall be made without the consent of each Lender; c. increase the Commitment of any Lender shall be made without the consent of such Lender; d. reduce any fees described in Article III, III payable to any Lender shall be made without the consent of such Lender; e. extend the Commitment Termination Date of any date fixed for payment, Lender shall be made without the consent of such Lender; f. extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any the Loan (or reduce the principal amount of or rate of interest on any the Loan) owed to any Lender shall be made without the consent of each Lender affected thereby and Finnverasuch Lender; or (c) g. affect adversely the interests, rights or obligations of the Administrative Facility Agent in its capacity as such shall be made without consent of the Administrative Facility Agent. No failure or delay on the part of the Administrative Facility Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any the Administrative Facility Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. The Lenders hereby agree, at any time and from time to time that the Nordea Agreement or the Bank of Nova Scotia Agreement is amended or refinanced, to negotiate in good faith to amend this Agreement to conform any representations, warranties, covenants or events of default in this Agreement to the amendments made to any substantively comparable provisions in the Nordea Agreement or the Bank of Nova Scotia Agreement or any refinancing thereof.

Waivers, Amendments, Etc. The provisions of this Agreement may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed)Lenders; provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 11.1, change the definition of “Required Lenders”, increase the Commitment of any Lender, reduce any fees described in Article III, III or extend any date fixed for payment, payment shall be made without the consent of each Lender; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnvera; orLender; (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent; or (e) affect adversely the interests, rights or obligations of the FEC Counterparty in its capacity as such shall be made without written consent of the FEC Counterparty. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the FEC Counterparty in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the FEC Counterparty under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: : (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; Lender; (b) modify this Section 10.1, change the definition of "Required Lenders", reduce any fees described in Article IIIIII or extend the Maturity Date, extend any date fixed for payment, shall be made without the consent of each Lender; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each the Lender affected thereby and Finnverawhich made such Loan; or or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without the consent of the Administrative Agent; provided, further, that no such amendment, modification or waiver which would either increase any Commitment, Commitment Amount or the Percentage of any Lender, or modify the rights, duties or obligations of the Agent, shall be effective without the consent of such Lender or the Agent, as applicable. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed); provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; (b) reduce any fees described in Article III, extend any date fixed for payment, extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnvera; or (c) affect the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or ------------------------ delay on the part of the Administrative Agents, the Issuing Banks, the Paying Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power right or power, or any abandonment or discontinuation of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other power right or rightpower. The rights and remedies of the Administrative Agents, the Issuing Banks, the Paying Agent and the Lenders hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by the Borrower therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below (other than a waiver of the minimum amount of Commitment assumed by an Assuming Lender pursuant to Section 2.16 or by an Eligible Assignee pursuant to Section 8.03, which may be waived by unilateral consent of the Borrower), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Borrower in any case shall entitle it the Borrower to any other or further notice or demand in similar or other circumstances. No waiver . (b) Neither this Agreement nor any provision hereof may be waived, amended or approval modified except (i) in the case of this Agreement, pursuant to an agreement or agreements in writing entered into by the Administrative Borrower and the Required Lenders, (ii) in the case of the Guarantee Agreement, pursuant to an agreement or agreements in writing entered into by the Guarantors and the Paying Agent and consented to by the Required Lenders or (iii) in the case of a Letter of Credit, pursuant to an agreement or agreements entered into by the Borrower and the applicable Issuing Bank; provided, however, that no such agreement shall -------- ------- (A) change the principal amount of any Advance or Letter of Credit Obligation, extend the final scheduled maturity of any Advance, extend the scheduled date for payment (but not prepayments) of principal of or interest on any Advance (other than as provided in Section 2.16), forgive any such payment or any part thereof or reduce the rate of interest on any Advance, in each case without the prior written consent of each Lender affected thereby, (B) increase the amount or extend the termination date of the Commitment of any Lender or reduce or extend the date for payment of the Facility Fees or other amounts payable under this Agreement to any Lender, in each case without the prior written consent of such Lender or any other Loan Document shall(C) amend or modify the provisions of this Section 8.01(b) or Section 8.05 or the definition of the term "Required Lenders" without the prior written consent of each Lender; and provided further -------- ------- that no such agreement shall amend, except as may be modify or otherwise stated in such waiver affect the rights or approvalduties of the Administrative Agents, be applicable to subsequent transactions. No waiver the Issuing Banks or approval the Paying Agent hereunder shall require any similar without the prior written consent of the Administrative Agents, the Issuing Banks or dissimilar waiver or approval thereafter to be granted hereunderthe Paying Agent, respectively.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed)Lenders; provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 11.1 or change the definition of “Required Lenders” shall be made without the consent of each Lender; (c) increase the Commitment(s) of any Lender, reduce any fees described in Article III, Section 2.4 payable to any Lender or extend the Termination Date with respect to any date fixed for payment, Lender shall be made without the consent of such Lender; (d) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan Advance or fees (or reduce the principal amount of or rate of interest on any LoanAdvance) applicable to any Lender shall be made without the consent of each Lender affected thereby and Finnvera; orsuch Lender; (ce) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent; (f) affect adversely the interests, rights or obligations of the Swing Line Bank in its capacity as such shall be made without consent of the Swing Line Bank; or (g) affect adversely the interests, rights or obligations of any Issuing Bank in its capacity as such shall be made without consent of such Issuing Bank. No failure or delay on the part of the Administrative Agent or any Lender Party in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender Party under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Xxxxxxx and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 11.1, change the definition of "Required Lenders", increase any Commitment Amount or the Percentage of any Lender, reduce any fees described in Article III, or extend any date fixed for payment, the Commitment Termination Date shall be made without the consent of each Lender and each holder of a Note; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnvera; orthe holder of that Note evidencing such Loan; (cd) affect adversely the interests, rights or obligations of the Administrative Issuer in its capacity as the Issuer shall be made without the consent of the Issuer; (e) affect adversely the interests, rights or obligations of the Agent in its capacity as such the Agent shall be made without consent of the Administrative Agent; or (f) change the definitions of "Available Currency", "Determination Date" or "Dollar Amount" without the consent of each Lender. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the any Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed); provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; (b) reduce any fees described in Article III, extend any date fixed for payment, extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnvera; or (c) affect the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of any Obligated Party, the Administrative Agent Agent, any Issuing Bank or any Lender in exercising any power or right under this Agreement or any other Loan Document hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other power right or rightpower. The rights and remedies of the Administrative Agent, the Issuing Banks and the Lenders hereunder are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of any Loan Document or consent to any departure therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Borrower any Obligated Party in any case shall entitle it such party to any other or further notice or demand in similar or other circumstances. . (b) No amendment or waiver of any provision of this Agreement or any other Loan Document, and no consent to any departure by the Borrower or any other Obligated Party therefrom, shall be effective unless in writing signed by the Required Lenders and the Borrower or the applicable Obligated Party, as the case may be, and acknowledged by the Administrative Agent, and each such waiver or approval consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no such amendment, waiver or consent shall: (i) waive any condition set forth in Section 4.02 without the written consent of each Lender (which consent may be provided as described in the final paragraph of Section 4.02); (ii) extend or increase the Commitment of any Lender (or reinstate any Commitment terminated pursuant to Article 6) without the written consent of such Lender; (iii) postpone any date fixed by this Agreement or any other Loan Document for any payment or mandatory prepayment of principal, interest, fees or other amounts due to the Lenders (or any of them) hereunder or under any other Loan Document without the written consent of each Lender directly affected thereby; (iv) reduce the principal of, or the rate of interest specified herein on, any Loan or L/C Borrowing, or (subject to clause (iv) of the second proviso to this Section 8.09) any fees or other amounts payable hereunder or under any other Loan Document without the written consent of each Lender directly affected thereby; provided, however, that only the consent of the Required Lenders shall be necessary (i) to amend Section 2.07 or to waive any obligation of the Borrower to pay interest or Letter of Credit Fees at the rate provided in Section 2.07 or (ii) to amend any financial covenant hereunder (or any defined term used therein) even if the effect of such amendment would be to reduce the rate of interest on any Loan or L/C Borrowing or to reduce any fee payable hereunder; (v) change any Section of this Agreement in a manner that would alter the pro rata sharing of payments required thereby without the written consent of each Lender; (vi) amend Section 1.06 or the definition of “Alternative Currency” without the written consent of each Lender; or (vii) change any provision of this Section or the definition of “Required Lenders” or any other provision hereof specifying the number or percentage of Lenders required to amend, waive or otherwise modify any rights hereunder or make any determination or grant any consent hereunder without the written consent of each Lender; and, provided further, that (i) no amendment, waiver or consent shall, unless in writing and signed by any Issuing Bank in addition to the Lenders required above, affect the rights or duties of such Issuing Bank under this Agreement or any document relating to any Letter of Credit issued or to be issued by it; (ii) no amendment, waiver or consent shall, unless in writing and signed by the Swingline Lender in addition to the Lenders required above, affect the rights or duties of the Swingline Lender under this Agreement; (iii) no amendment, waiver or consent shall, unless in writing and signed by the Administrative Agent in addition to the Lenders required above, affect the rights or any Lender duties of the Administrative Agent under this Agreement or any other Loan Document shallDocument; and (iv) the Fee Letter may be amended, or rights or privileges thereunder waived, in a writing executed only by the parties thereto. Notwithstanding anything to the contrary herein, no Defaulting Lender shall have any right to approve or disapprove any amendment, waiver or consent hereunder, except as that the Commitment of such Lender may not be otherwise stated in increased or extended without the consent of such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunderLender.

Waivers, Amendments, Etc. The provisions Except as otherwise provided herein or in any other Loan Document, (i) no amendment to any provision of this Agreement may from time to time or any of the other Loan Documents will in any event be amended, modified or waived, if such amendment, modification or waiver effective unless the same is in writing and consented to signed by the BorrowerBorrower (and/or any Guarantor or other party thereto, as applicable), the Required Agent and the Majority Lenders (or the Agent with the written consent of the Majority Lenders) and Finnvera (ii) no waiver of any provision of this Agreement or any other Loan Document, or consent to any departure by a Credit Party, any of its Subsidiaries or other party therefrom, will in any event be effective unless the same is in writing and signed by the Agent and the Majority Lenders (or the Agent with the consent of the Majority Lenders). Any such amendment, waiver or consent will be effective only in the case specific instance and for the specific purpose for which given; provided that, notwithstanding the foregoing provisions of Finnverathis Section 11.1, such any term or provision of Article X (other than the provisions of Section 10.6 pertaining to the Borrower’s consent) may be amended without the agreement or consent not to be unreasonably withheld of, or delayed)prior notice to, a Credit Party or any of its Subsidiaries; provided that no such amendment, modification amendment does not add any additional obligations or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders burdens on such Credit Party or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; (b) reduce any fees described in Article III, extend any date fixed for payment, extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnvera; or (c) affect the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative AgentSubsidiary. No failure or delay on the part of the Administrative Agent or any Lender the Lenders in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower or any other Subsidiary in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or the Lenders under any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; PROVIDED, such consent not to be unreasonably withheld or delayed); provided HOWEVER, that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this SECTION 10.1, change the definition of "REQUIRED LENDERS", terminate any Guarantees, increase the Commitment Amount or the Percentage of any Lender, reduce any fees described in Article ARTICLE III, or extend any date fixed for payment, the Commitment Termination Date shall be made without the consent of each Lender; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnverathe holder of that Note evidencing such Loan; or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such QUA the Agent shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. (a) The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the BorrowerBorrowers and the Agent; provided, the Required Lenders and Finnvera (in the case of Finnverahowever, such consent not to be unreasonably withheld or delayed); provided that no such amendment, modification or waiver which would: (ai) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (bii) modify this Section 11.1, change the definitions of "Required Lenders" or "Commitment Amount", increase the Percentage of any Lender, reduce any fees described in Article III, change the amortization schedule provided for in Section 3.1.1(e), (f) or (g), release all or substantially all collateral security, except as otherwise specifically provided in any Loan Document, or extend the Tranche A Availability Termination Date, the Tranche B Availability Termination Date, any date fixed for paymentStated Maturity Date or the Commitment Termination Date, shall be made without the consent of each Lender; (iii) extend the due date for, or reduce the amount of, any scheduled or mandatory repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and FinnveraLender; (iv) affect adversely the interests, rights or obligations of an Issuer in its capacity as Issuer shall be made without the consent of such Issuer; or (cv) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such the Agent shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or any Lender the Lenders in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower Borrowers in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. (b) This Agreement is an amendment and restatement of, and replaces and supersedes the Existing Agreement; provided, however, that no right, interest, claim or cause of action of any kind of the Agent or any Lender which may have existed under the Existing Agreement shall in any way be released, modified, compromised or waived by virtue of this Existing Agreement superseding and replacing the Existing Agreement.

Waivers, Amendments, Etc. The provisions of this Agreement may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrowereach Loan Party, the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed); provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, release the Guarantor from its obligations under Article X or waive compliance with any such obligations, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; (b) increase the Commitment of any Lender, reduce any fees described in Article III, extend any date fixed for payment, extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnvera; or (c) affect the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower any Loan Party in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed)Lenders; provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, a. modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) b. modify this Section 11.1 or change the definition of “Required Lenders” shall be made without the consent of each Lender; c. increase the Commitment of any Lender shall be made without the consent of such Lender; d. reduce any fees described in Article III, extend III payable to any date fixed for payment, Lender shall be made without the consent of such Lender; e. [RESERVED] f. extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any the Loan (or reduce the principal amount of or rate of interest on any the Loan) owed to any Lender shall be made without the consent of each Lender affected thereby and Finnverasuch Lender; or (c) g. affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative any Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. The Lenders hereby agree, at any time and from time to time that the Nordea Agreement or the Citibank Agreement is amended or refinanced, to negotiate in good faith to amend this Agreement to conform any representations, warranties, covenants or events of default in this Agreement to the amendments made to any substantively comparable provisions in the Nordea Agreement or the Citibank Agreement or any refinancing thereof.

Waivers, Amendments, Etc. The provisions of this Agreement and each Loan Document executed by it pursuant hereto may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, the Required Lenders Guarantor and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed); provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; (b) reduce any fees described in Article III, extend any date fixed for payment, extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnvera; or (c) affect the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative AgentLender. No failure or delay on the part of the Administrative Agent Lender or any assignee or Lender in exercising any power or right under this Agreement or any other Loan Document executed by it pursuant hereto shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No Any waiver or approval hereunder by the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except subject to such limitations as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions, and in the event of the subsequent withdrawal or rescission of any waiver or approval, such waiver or approval shall nevertheless be effective according to its terms as to any transaction occurring before notice from Lender to Borrower of such withdrawal or rescission. No waiver or approval hereunder by Lender shall require Lender to grant thereafter any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed)Lenders; provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this SECTION 11.1, change the definition "Required Lenders", increase the Commitment Amount or the Percentage of any Lender, reduce any fees described in Article III, ARTICLE III or extend any date fixed for payment, the Commitment Termination Date shall be made without the consent of each Lender; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and FinnveraLender; or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, each Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) reduce modify this Section 11.1, change the definitions of Percentage or Required Lenders, increase the Total Credit Commitment Amount or the Credit Commitment Amount or Percentage of any fees described in Article IIILender, extend the Commitment Termination Date, or, subject to Section 8.2.5, release any date fixed for paymentGuarantor from any of its payment obligations under the Guaranty entered into by it, shall be made without the consent of each Lender; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (Pro-Rata Credit Extension or reduce the principal amount of or rate of interest on any Loan) fee payable under Section 4.3 shall be made without the consent of each Lender affected thereby and Finnvera; orLender; (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such Administrative Agent shall be made without the consent of the Administrative Agent; or (e) affect adversely the interests, rights or obligations of the Documentation Agent in its capacity as the Documentation Agent shall be made without the consent of the Documentation Agent. No failure or delay on the part of the Administrative Agent or any Lender Party in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower any Obligor in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender Party under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: : (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; Lender; (b) modify this Section 10.1, change the definition of “Required Lenders”, reduce any fees described in Article IIIIII or extend the Maturity Date, extend any date fixed for payment, shall be made without the consent of each Lender; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each the Lender affected thereby and Finnverawhich made such Loan; or or (cd) affect adversely the interests, rights or obligations of the Administrative any Agent in its capacity as such an Agent shall be made without the consent of such Agent; provided, further, that no such amendment, modification or waiver which would either increase any Commitment, Commitment Amount or the Administrative Percentage of any Lender, or modify the rights, duties or obligations of any Agent, shall be effective without the consent of such Lender or such Agent, as applicable. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: : (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; Lender; (b) modify this Section 10.1, change the definition of "Required Lenders", increase any Commitment Amount or the Percentage of any Lender, reduce any fees described in Article III, extend any date fixed for paymentCommitment Termination Date, release (in whole or in part) or terminate the Guaranty, or permit the assignment of the Guaranty shall be made without the consent of each Lender and each holder of a Note; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnverathe holder of that Note evidencing such Loan; or or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such the Agent shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrowers and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 10.1, change the definition of "Required Lenders", increase the Loan Commitment Amount or the Percentage of any Lender, reduce any fees described in Article IIIor extend the date for any such fees, or extend any date fixed for payment, Loan Commitment Termination Date shall be made without the consent of each Lender and each holder of a Note; or (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnvera; or (c) affect the interests, rights or obligations holder of the Administrative Agent in its capacity as that Note evidencing such shall be made without consent of the Administrative AgentLoan. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the a Borrower in any case shall entitle it a Borrower to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Company and the Required Lenders and Finnvera (in the case of FinnveraLenders; PROVIDED, such consent not to be unreasonably withheld or delayed); provided HOWEVER, that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders Lenders, shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this SECTION 10.1, change the definition of "REQUIRED LENDERS", increase the Commitment Amount, Designated Subsidiary or the Percentage of any Lender (except pursuant to assignments in accordance with SECTION 10.11), reduce any fees described in Article ARTICLE III, or extend any date fixed for payment, the Commitment Termination Date shall be made without the consent of each Lender and each holder of a Note; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnverathe holder of the Note evidencing such Loan; or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such QUA the Agent shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower Company in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. (a) The provisions of this Agreement and of each Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and and, (x) in the case of an amendment or modification, is consented to by the Borrower, Borrower and the Required Lenders and Finnvera (y) in the case of Finnveraa waiver of any obligation of the Borrower or compliance with any prohibition contained in this Agreement or any other Loan Document, such consent not is consented to be unreasonably withheld or delayed)by the Required Lenders; provided provided, however, that no such amendment, modification or waiver which wouldwaiver: (ai) modify this Section 12.1, change the definition of “Required Lenders”, which would modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (bii) which would modify this Section 9.1, change the definition of "Required Lenders," increase the Revolving Loan Commitment Amount or change any Percentage for any Lender, reduce any fees payable to the Lenders described in Article III2 and Article 3, extend the Revolving Loan Commitment Termination Date or subject any date fixed for payment, Lender to any additional obligations shall be made without the consent of each Lender; (iii) which would extend the due date for, or reduce the amount of, any scheduled repayment payment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnverathe holder of the Note evidencing such Loan; or (civ) which would affect adversely the interests, rights rights, compensation or obligations of the Administrative Agent in its capacity as such qua the Agent shall be made without consent of the Administrative Agent. . (b) No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval consent by the Administrative Agent Agent, any Lender, or the holder of any Lender Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approvalconsent, be applicable to subsequent transactions. No waiver or approval consent hereunder shall require any similar or dissimilar waiver or approval consent thereafter to be granted hereunder. (c) Neither any Lender nor the Agent shall be under any obligation to marshal any assets in favor of the Borrower or any other party or against or in payment of any or all of the Obligations. Recourse for security shall not be required at any time. To the extent that the Borrower makes a payment or payments to the Agent or the Lenders, or the Agent or the Lenders enforce their security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently for any reason invalidated, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 10.1, change the definition of “Required Lenders”, increase the Percentage or Commitment of any Lender, reduce any fees described in Article III, or extend any date fixed for payment, the Maturity Date shall be made without the consent of each Lender and each holder of a Note; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or payment of interest on any Loan or fees owed hereunder (or reduce the principal amount of or rate of interest on any LoanLoan or the fees owed hereunder) shall be made without the consent of each Lender affected thereby and Finnverathe holder of that Note evidencing such Loan or owed such fees; or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such qua the Agent shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement each Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which wouldshall: (a) modify this Section 12.1without the consent of all Lenders; (b) increase the aggregate amount of any Credit Extensions required to be made by a Lender pursuant to its Commitments or extend the Maturity Date for any Lender’s Loan, change in each case without the consent of such Lender (it being agreed, however, that any vote to rescind any acceleration made pursuant to Section 8.2 and Section 8.3 of amounts owing with respect to the Loans and other Obligations shall only require the vote of the Required Lenders); (c) reduce the principal amount of or rate of interest on any Lender’s Loan, reduce any fees described in Article III payable to any Lender or extend the date on which interest or fees are payable in respect of such Lender’s Loans, in each case without the consent of such Lender; (d) reduce the percentage set forth in the definition of “Required Lenders”, ” or modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; (b) reduce any fees described in Article III, extend any date fixed for payment, extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnveraall Lenders; (e) except as otherwise expressly provided in a Loan Document, release the Borrower from its Obligations under the Loan Documents without the consent of all Lenders; or (cf) affect adversely the interests, rights or obligations of the Administrative Agent (in its capacity as such shall be made without consent of the Administrative Agent), unless consented to by the Administrative Agent. No failure or delay on the part of the Administrative Agent or any Lender Loan Party in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower any Obligor in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender Loan Party under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Company and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 11.1, change the definition of Required Lenders, increase the Commitment Amount or the Percentage of any Lender or reduce any fees described the Facility Fee in Article III, extend any date fixed for payment, Section 4.3 shall be made without the consent of each Lender and each holder of a Note; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan the Notes (or reduce the principal amount of or rate of interest on any Loanthe Notes) shall be made without the consent of each Lender affected thereby and Finnverathe holder of that Note; or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such qua the Administrative Agent shall be made without the consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower Company in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement ------------------------ and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such -------- ------- amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 10.1, change the definition of "Required ------------ -------- Lenders", increase the Percentage of any Lender, reduce any fees described ------- in Article III, release any Guarantor from its obligations under its ----------- Guaranty or release all or substantially all of the collateral security, except as otherwise specifically provided in Section 10.16 or in any Loan ------------- Document or extend any date fixed for payment, the Commitment Termination Date shall be made without the consent of each Lender; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnverathe holder of that Note evidencing such Loan; or (cd) affect adversely the interests, rights or obligations of the Administrative any Agent (in its capacity as such such) shall be made without consent of the Administrative such Agent. No failure or delay on the part of the Administrative any Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative any Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: : (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; Lender; (b) modify this Section 10.1, change the definition of “Required Lenders”, reduce any fees described in Article IIIIII or extend the Maturity Date, extend any date fixed for payment, shall be made without the consent of each Lender; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each the Lender affected thereby and Finnverawhich made such Loan; or or (cd) affect adversely the interests, rights or obligations of the Administrative any Agent in its capacity as such Agent shall be made without the consent of such Agent; provided, further, that no such amendment, modification or waiver which would either increase any Commitment, Commitment Amount or the Administrative Percentage of any Lender, or modify the rights, duties or obligations of any Agent, shall be effective without the consent of such Lender or such Agent, as applicable. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed)Lenders; provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, a. modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) b. modify this Section 11.1 or change the definition of “Required Lenders” shall be made without the consent of each Lender; c. increase the Commitment of any Lender shall be made without the consent of such Lender; d. reduce any fees described in Article III, III payable to any Lender shall be made without the consent of such Lender; e. extend the Commitment Termination Date of any date fixed for payment, Lender shall be made without the consent of such Lender; f. extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any the Loan (or reduce the principal amount of or rate of interest on any the Loan) owed to any Lender shall be made without the consent of each Lender affected thereby and Finnverasuch Lender; or (c) g. affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. The (NY) 18002/039/AMENDMENTS/hull.675.credit.agt.doc Lenders hereby agree, at any time and from time to time that the Citibank Credit Agreement is amended prior to the Closing Date, to negotiate in good faith to amend this Agreement to conform any representations, warranties, covenants or events of default in this Agreement to the amendments made to any substantively comparable provisions in the Citibank Credit Agreement.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Administrative Agent (acting only at the direction or with the authority of the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayedLenders); provided provided, however, that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 11.1, change the definition of "Required Lenders", increase any Commitment Amount or the Percentage of any Lender, reduce any fees described in Article III, extend change the time for payment of fees to the Lenders described in Article III, or release all or any date fixed for paymentsubstantial part of the collateral security, except as otherwise specifically provided in any Loan Document, shall be made without the consent of each Lender affected thereby; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment under Section 3.1.2(b) of principal of of, or interest on on, any Loan or Reimbursement Obligation (or reduce the principal amount of or rate of interest on any LoanLoan or Reimbursement Obligation) shall be made or extend any Commitment Termination Date without the consent of the holder of that Note evidencing such Loan; (d) increase the Stated Amount of any Letter of Credit unless consented to by each Lender affected thereby and FinnveraIssuer; or (ce) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made Administrative Agent or the Issuer in its capacity as Issuer, without the consent of the Administrative AgentAgent or the Issuer, as the case may be. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. The remedies provided in this Agreement are cumulative, and not exclusive of remedies provided by law.

Waivers, Amendments, Etc. The provisions of this Agreement may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed); provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; (b) reduce any fees described in Article III, extend any date fixed for payment, extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnvera; or (c) affect the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agents, the Issuing Banks, the Paying Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power right or power, or any abandonment or discontinuation of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other power right or rightpower. The rights and remedies of the Administrative Agents, the Issuing Banks, the Paying Agent and the Lenders hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by the Borrower therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below (other than a waiver of the minimum amount of Commitment assumed by an Assuming Lender pursuant to Section 2.16 or by an Eligible Assignee pursuant to Section 8.03, which may be waived by unilateral consent of the Borrower), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Borrower in any case shall entitle it the Borrower to any other or further notice or demand in similar or other circumstances. No waiver . (b) Neither this Agreement nor any provision hereof may be waived, amended or approval modified except (i) in the case of this Agreement, pursuant to an agreement or agreements in writing entered into by the Administrative Borrower and the Required Lenders, (ii) in the case of the Guarantee Agreement, pursuant to an agreement or agreements in writing entered into by the Guarantors and the Paying Agent and consented to by the Required Lenders or (iii) in the case of a Letter of Credit, pursuant to an agreement or agreements entered into by the Borrower and the applicable Issuing Bank; PROVIDED, HOWEVER, that no such agreement shall (A) change the principal amount of any Advance or Letter of Credit Obligation, extend the final scheduled maturity of any Advance, extend the scheduled date for payment (but not prepayments) of principal of or interest on any Advance (other than as provided in Section 2.16), forgive any such payment or any part thereof or reduce the rate of interest on any Advance, in each case without the prior written consent of each Lender affected thereby, (B) increase the amount or extend the termination date of the Commitment of any Lender or reduce or extend the date for payment of the Facility Fees or other amounts payable under this Agreement to any Lender, in each case without the prior written consent of such Lender or any other Loan Document shall(C) amend or modify the provisions of this Section 8.01(b) or Section 8.05 or the definition of the term "Required Lenders" without the prior written consent of each Lender; and PROVIDED FURTHER that no such agreement shall amend, except as may be modify or otherwise stated in such waiver affect the rights or approvalduties of the Administrative Agents, be applicable to subsequent transactions. No waiver the Issuing Banks or approval the Paying Agent hereunder shall require any similar without the prior written consent of the Administrative Agents, the Issuing Banks or dissimilar waiver or approval thereafter to be granted hereunderthe Paying Agent, respectively.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: : (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders or by the Applicable Lenders shall be effective unless consented to by each Lender and Finnvera; Lender; (b) modify this Section 10.1, change the definition of "Required Lenders" or "Applicable Lenders", increase any Commitment Amount or the Percentage of any Lender (except as contemplated by Section 2.1.6), reduce any fees described in Article III, or extend any Commitment Termination Date shall be made without the consent of each Lender and each holder of a Note; (c) (1) extend the due date fixed for payment, or increase the face amount of the Bolivian Letter of Credit shall be made without the consent of each Lender or (2) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnverathe Lenders; or or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such the Agent shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent Agent, any Lender, any Issuer or the holder of any Lender Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent Agent, any Lender, any Issuer or the holder of any Lender Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the BorrowerBorrower and the Majority Lenders; provided, the Required Lenders and Finnvera (in the case of Finnverahowever, such consent not to be unreasonably withheld or delayed); provided that no such amendment, modification or waiver which would: : (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Majority Lenders shall be effective unless consented to by each Lender and Finnvera; Lender; (b) modify this Section 11.1 or Section 2.7, change the definition of "Majority Lenders" or "Borrowing Base", increase the Commitment Amount or the Percentage of any Lender, reduce any fees described in Article III, release any collateral security except as otherwise specifically provided in any Loan Document or extend any date fixed for payment, the Commitment Termination Date shall be made without the consent of each Lender and each holder of a Note; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan or any other obligation (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnverathe holder of that Note evidencing such Loan; or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such qua the Agent shall be made without consent of the Administrative Agent, or (e) modify Section 11.4 without the consent of the Agent, the Arranger and each Lender. No failure or delay on the part of the Administrative Agent or any Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.. Notices

Waivers, Amendments, Etc. The provisions of this Agreement may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed)Lenders; provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 11.1 or change the definition of “Required Lenders” shall be made without the consent of each Lender; (c) increase the Commitment of any Lender, reduce any fees described in Article III, III payable to any Lender or extend any date fixed for payment, payment owing to any Lender shall be made without the consent of such Lender; (d) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) owed to any Lender shall be made without the consent of each Lender affected thereby and Finnverasuch Lender; or (ce) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Agreement Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 10.1, change the definition of "Required Lenders," increase the Commitment Amount or the Percentage of any Lender, reduce any fees described in Article IIISection 2, or extend any date fixed for payment, the Commitment Termination Date shall be made without the consent of each Lender and each holder of a Note; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnverathe holder of that Note evidencing such Loan; or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Agreement Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Agreement Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement Agreement, the Notes, and each Collateral Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the BorrowerBorrower and Majority Lenders; provided, the Required Lenders and Finnvera (in the case of Finnverahowever, such consent not to be unreasonably withheld or delayed); provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Majority Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 11.21, change the definition of "Majority Lenders", amend the terms of the Intercreditor Agreement, increase any Commitment or the percentage of any Lender, reduce any fees described herein, release any collateral security, except as otherwise specifically provided in Article IIIany Collateral Document or amend any Guarantee (or release any Guarantor from its obligations thereunder), or extend any Commitment termination date fixed for payment, without the consent of each Lender; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan Advance or any fee (or reduce the principal amount of or rate of interest on any LoanAdvance or any fee) shall be made without the consent of each Lender affected thereby and Finnveraall Lenders with respect to such Advance or fee; or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made Administrative Agent hereunder, without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or Agent, any Lender in exercising any power or right under this Agreement Agreement, the Notes, or any other Loan Collateral Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender under this Agreement or any other Loan Collateral Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. (a) The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which wouldshall: (ai) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective Lenders, modify this Section 11.1(a) or change the definition of "Required Lenders", or release ADT Limited from its guarantee of the Obligations of the Borrower under Section 2.1 of the ADT Limited Guaranty, unless consented to by each Lender and FinnveraLender; (bii) increase any Revolving Loan Commitment Amount with respect to such Lender or the Percentage of any Lender, reduce any fees (or extend any payment date therefor) described in Article IIIIII payable to any Lender or extend the Revolving Loan Commitment Termination Date with respect to any Lender, extend any date fixed for payment, without the consent of such Lender; (iii) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made ), without the consent of each Lender affected thereby and Finnverathe holder of the Note evidencing such Loan; (iv) affect adversely the interests, rights or obligations of any Issuer qua Issuer, without the consent of such Issuer; or (cv) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made qua Agent, without the consent of the Administrative Agent. . (b) No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrowereach Loan Party, the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed); provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, release the Guarantor from its obligations under Article X or waive compliance with any such obligations, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; (b) increase the Commitment of any Lender, reduce any fees described in Article III, extend any date fixed for payment, extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnvera; or (c) affect the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.waiver

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 10.1, change the definition of “Required Lenders”, increase the Percentage or Commitment of any Lender, reduce any fees described in Article III, or extend any date fixed for payment, the Maturity Date shall be made without the consent of each Lender and each holder of a Note; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or payment of interest on any Loan or fees owed hereunder (or reduce the principal amount of or rate of interest on any LoanLoan or the fees owed hereunder) shall be made without the consent of each the holder of that Note evidencing such Loan or owed such fees; (d) affect the rights or duties of the Swing Line Lender affected thereby and Finnveraunder this Agreement shall be made without consent of the Swing Line Lender; or (ce) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such qua the Agent shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Credit Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrowers and the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed)Lenders; provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 10.1, change the definition of "Required Lenders", release any Borrower or Guarantor, increase the Total Commitment Amount or the Percentage of any Lender, reduce or extend the due date of any fees described in Article III, extend any date fixed for payment, III or extend the due Commitment Termination Date or the Final Maturity Date shall be made without the consent of each Lender; (c) extend the maturity date for, or reduce the amount of, any payment required under Section 2.2.2 or any other scheduled repayment or prepayment of principal of or interest on any Contract Loan (or reduce the principal amount of or rate of interest on any Contract Loan) shall be made without the consent of each Lender affected thereby and FinnveraLender; or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such qua the Administrative Agent shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Credit Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower Borrowers in any case shall entitle it them to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Credit Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. All remedies of the Administrative Agent and the Lenders under the Credit Documents and Applicable Law are cumulative and remain available until the Obligations shall have been paid in full.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 10.1, change the definition of "Required Lenders," increase the Commitment Amount or the Percentage of any Lender, reduce any fees described in Article III, or extend any date fixed for payment, the Commitment Termination Date shall be made without the consent of each Lender and each holder of a Note; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnverathe holder of that Note evidencing such Loan; or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such or the Issuing Lender shall be made without consent of the Administrative AgentAgent or the Issuing Lender, as the case may be. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.demand

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, each Borrower and the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed)Lenders; provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) reduce modify this Section 11.1, change the definitions of “Percentage,” or “Required Lenders,” increase the Total Credit Commitment Amount or the Credit Commitment Amount or Percentage of any fees described in Article IIILender, extend the Commitment Termination Date, or, subject to Section 8.2.5, release any date fixed for paymentGuarantor from any of its payment obligations under the Guaranty entered into by it, shall be made without the consent of each Lender; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (Credit Extension or reduce the principal amount of or rate of interest on any Loan) fee payable under Section 4.3 shall be made without the consent of each Lender affected thereby and FinnveraLender; or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such or the Issuer shall be made without the consent of the Administrative AgentAgent or the Issuer, as the case may be. No failure or delay on the part of the Administrative Agent or any Lender Party in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower any Obligor in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender Party under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed)Lenders; provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, a. modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (NY) 18002/039/XXXX.000.XXXX/hull.677.loan.agt.doc b. modify this Section 11.1 or change the definition of “Required Lenders” shall be made without the consent of each Lender; (b) c. increase the Commitment of any Lender shall be made without the consent of such Lender; d. reduce any fees described in Article III, III payable to any Lender shall be made without the consent of such Lender; e. extend the Commitment Termination Date of any date fixed for payment, Lender shall be made without the consent of such Lender; f. extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any the Loan (or reduce the principal amount of or rate of interest on any the Loan) owed to any Lender shall be made without the consent of each Lender affected thereby and Finnverasuch Lender; or (c) g. affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. The Lenders hereby agree, at any time and from time to time that the Citibank Credit Agreement is amended prior to the Closing Date, to negotiate in good faith to amend this Agreement to conform any representations, warranties, covenants or events of default in this Agreement to the amendments made to any substantively comparable provisions in the Citibank Credit Agreement.

Waivers, Amendments, Etc. The provisions of this Agreement ------------------------ and of each other Related Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the BorrowerBorrower and the Majority Participants; provided, the Required Lenders and Finnvera (in the case of Finnverahowever, such consent not to be unreasonably withheld or delayed); provided that no such -------- ------- amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders Participants or by the Required Lenders Majority Participants shall be effective unless consented to by each Lender and FinnveraParticipant; (b) modify this Section 20, change the definition of "Majority ---------- Participants", increase the Facility Amount or the Percentage of any Participant (except pursuant to an Adjustment Date Certificate), reduce any fees described in Article IIISection 4(c), release any collateral security, ------------ except as otherwise specifically provided in any Loan Document or extend any date fixed for payment, the Expiration Date shall be made without the consent of each affected Participant; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnverathe applicable Participant; or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such Agent shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or any Lender Participant in exercising any power or right under this Agreement or any other Loan Related Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it the Borrower to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender Participant under this Agreement or any other Loan Related Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: (ai) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders Lenders, shall be effective unless consented to by each Lender and FinnveraLender; (bii) modify Section 5.1 or this Section 10.1, change the definition of "Required Lenders," increase the Total Commitment Amount or the Percentage of any Lender, reduce any fees described in Article IIIII or extend the Commitment Termination Date shall be made without the consent of each Lender; (iii) amend, extend modify or release any date fixed for payment, Guaranty or any Subsidiary therefrom shall be made without the consent of each Lender; (iv) extend the due date for, or reduce the amount of, any scheduled repayment payment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of the holder of the Note evidencing such Loan; (v) release any substantial portion of any collateral security, except otherwise as specifically provided herein or in any other Loan Document, shall be made without the consent of each Lender affected thereby and FinnveraLender; or (cvi) affect adversely the interests, rights or obligations of the Administrative any Agent in its capacity as such Agent shall be made without consent of the Administrative such Agent. No failure or delay on the part of the Administrative any Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative any Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each Purchase Document may from time to time be amended, modified waived or waivedotherwise modified, if such amendment, waiver or modification or waiver is in writing and consented to by the Borrower, Company and the Required Lenders and Finnvera (in the case of FinnveraNoteholders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification waiver or waiver which wouldother modification: (a) modify this Section 12.1, change the definition of “Required Lenders”, which would modify any requirement hereunder that any particular action be taken by all the Lenders each Noteholder or by the Required Lenders Noteholders shall be effective unless consented to by each Lender and FinnveraNoteholder; (b) reduce any fees described in Article III, extend any date fixed for payment, which would modify this Section or change the definition of "Required Noteholders" or which would extend the due date for, or reduce the amount of, any scheduled repayment payment or prepayment of principal of or interest on any Loan Note (or reduce the principal amount of or rate of interest on any LoanNote) shall be made without the consent of each Lender affected Noteholder; provided, however, that, in the case of any non-payment of interest when due on the Notes which is not permitted to be accrued in accordance with the proviso to the first paragraph of the Notes by reason of the two accruals permitted thereby having already occurred, such non-payment may instead be permitted to be accrued pursuant to this clause with the consent of the holders of 75% of the aggregate outstanding principal amount of all Notes and Finnveraotherwise in accordance with the terms of such proviso; (c) which would modify clause (b) of Section 6.2 (or any of the limitations referred to therein) shall be made without the consent of JZEP; or (cd) affect which would amend the interestssubordination, rights or obligations postponement, standstill and other provisions of the Administrative Agent in its capacity as such Article VIII shall be effective unless made without consent of the Administrative Agentin accordance with Section 8.12. No failure or delay on the part of the Administrative Agent or any Lender Noteholder in exercising any power or right under this Agreement or any other Loan Purchase Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower Company in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender Noteholder under this Agreement or any other Loan Purchase Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed)Lenders; provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, a. modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; b. modify this Section 11.1 or change the definition of “Required Lenders” shall be made without the consent of each Lender; c. increase the Commitment of any Lender shall be made without the consent of such Lender; (bNY) 18002/039/SOLSTICE5/solstice.5.form.of.loan.agt.2.doc d. reduce any fees described in Article III, III payable to any Lender shall be made without the consent of such Lender; e. extend the Commitment Termination Date of any date fixed for payment, Lender shall be made without the consent of such Lender; f. extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any the Loan (or reduce the principal amount of or rate of interest on any the Loan) owed to any Lender shall be made without the consent of each Lender affected thereby and Finnverasuch Lender; or (c) g. affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. The Lenders hereby agree, at any time and from time to time that the Citibank Credit Agreement is amended prior to the Closing Date, to negotiate in good faith to amend this Agreement to conform any representations, warranties, covenants or events of default in this Agreement to the amendments made to any substantively comparable provisions in the Citibank Credit Agreement.

Waivers, Amendments, Etc. The provisions of this Agreement may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed); provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; (b) reduce any fees described in Article III, extend any date fixed for payment, extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnvera; or (c) affect the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of any Obligated Party, the Administrative Agent Agent, any Issuing Bank or any Lender in exercising any power or right under this Agreement or any other Loan Document hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other power right or rightpower. The rights and remedies of the Administrative Agent, the Issuing Banks and the Lenders hereunder are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of any Loan Document or consent to any departure therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Borrower any Obligated Party in any case shall entitle it such party to any other or further notice or demand in similar or other circumstances. . (b) No amendment or waiver of any provision of this Agreement or any other Loan Document, and no consent to any departure by the Borrower or any other Obligated Party therefrom, shall be effective unless in writing signed by the Required Lenders and the Borrower or the applicable Obligated Party, as the case may be, and acknowledged by the Administrative Agent, and each such waiver or approval consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no such amendment, waiver or consent shall: (i) waive any condition set forth in Section 4.02 without the written consent of each Lender (which consent may be provided as described in the final paragraph of Section 4.02); (ii) extend or increase the Commitment of any Lender (or reinstate any Commitment terminated pursuant to Article 6) without the written consent of such Lender; (iii) postpone any date fixed by this Agreement or any other Loan Document for any payment or mandatory prepayment of principal, interest, fees or other amounts due to the Lenders (or any of them) hereunder or under any other Loan Document without the written consent of each Lender directly affected thereby; (iv) reduce the principal of, or the rate of interest specified herein on, any Loan or L/C Borrowing, or (subject to clause (iv) of the second proviso to this Section 8.09) any fees or other amounts payable hereunder or under any other Loan Document without the written consent of each Lender directly affected thereby; provided, however, that only the consent of the Required Lenders shall be necessary (i) to amend Section 2.07 or to waive any obligation of any Borrower to pay interest or Letter of Credit Fees at the rate provided in Section 2.07 or (ii) to amend any financial covenant hereunder (or any defined term used therein) even if the effect of such amendment would be to reduce the rate of interest on any Loan or L/C Borrowing or to reduce any fee payable hereunder; (v) change any Section in a manner that would alter the pro rata sharing of payments required thereby without the written consent of each Lender; (vi) amend Section 1.06 or the definition of “Alternative Currency” without the written consent of each Lender; or (vii) change any provision of this Section or the definition of “Required Lenders” or any other provision hereof specifying the number or percentage of Lenders required to amend, waive or otherwise modify any rights hereunder or make any determination or grant any consent hereunder without the written consent of each Lender; and, provided further, that (i) no amendment, waiver or consent shall, unless in writing and signed by any Issuing Bank in addition to the Lenders required above, affect the rights or duties of any Issuing Bank under this Agreement or any document relating to any Letter of Credit issued or to be issued by it; (ii) no amendment, waiver or consent shall, unless in writing and signed by the Swingline Lender in addition to the Lenders required above, affect the rights or duties of the Swingline Lender under this Agreement; (iii) no amendment, waiver or consent shall, unless in writing and signed by the Administrative Agent in addition to the Lenders required above, affect the rights or any Lender duties of the Administrative Agent under this Agreement or any other Loan Document shallDocument; and (iv) any contract between the Administrative Agent and the Borrower may be amended, or rights or privileges thereunder waived, in a writing executed only by the parties thereto. Notwithstanding anything to the contrary herein, no Defaulting Lender shall have any right to approve or disapprove any amendment, waiver or consent hereunder, except as that the Commitment of such Lender may not be otherwise stated in increased or extended without the consent of such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunderLender.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Finance Document (except to the extent otherwise set forth in such Finance Document) may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrowereach Obligor party thereto, the Agent and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by or a determination be made by, or with the consent of or in consultation with, all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) reduce modify this Clause, change the definition of the term "REQUIRED LENDERS", change the Total Commitment Amount or the Percentage, Funding Percentage or Commitment Amount of any fees described in Article III, extend Lender or otherwise subject any date fixed for payment, Lender to any additional obligation shall be made without the consent of each Lender; (c) extend the due date for, or reduce the amount of, any scheduled repayment payment or prepayment of principal of or interest on any Loan (or reduce the principal any other amount of payable hereunder or rate of interest on under any Loan) other Finance Document in respect thereof shall be made without the consent of each Lender affected thereby and Finnvera; orLender; (cd) affect the interests, rights or obligations of the Administrative Agent or the MLA in its capacity their respective capacities as such shall be made without the consent of the Administrative AgentAgent or, as the case may be, the MLA; (e) other than as specifically permitted by this Agreement or the relevant Security Agreement, authorise or effect the release of any material portion of the collateral which is the subject of any lien granted or purported to be granted in favour of the Agent (for the rateable benefit of the Finance Parties) or in favour of the Finance Parties pursuant to any relevant Security Agreement shall be made without the consent of each Lender; or (f) modify any term of this Agreement or any other Finance Document expressly relating to the priority of payment of any obligations of any RRL Group Company under any Risk Management Agreement to which any Lender is a party shall be made without the consent of such Lender. No failure or delay on the part of the Administrative Agent or any Lender Finance Party in exercising any power or right under this Agreement or any other Loan Finance Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower any Obligor in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender Finance Party under this Agreement or any other Loan Finance Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, the Required Lenders Borrower (and Finnvera (in the case of Finnverathe third paragraph of Section 2.2 only, such consent not to be unreasonably withheld or delayedCyprus Amax), the Agent and the Required Lenders; provided ----------- provided, however, that no such amendment, modification or waiver which ----------------- would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by or a determination be made by, or with the consent of or in consultation with, all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) reduce modify this Section, change the definition of "REQUIRED LENDERS", increase the Total Commitment Amount or the Percentage of any fees described in Article IIILender or otherwise subject any Lender to any additional obligation, extend any date fixed for payment, shall be made without the consent of each Lender; (c) extend the due date for, or reduce the amount of, any scheduled repayment payment or prepayment of principal of or interest on any Loan (or reduce the principal any other amount of payable hereunder or rate of interest on under any Loan) other Loan Document shall be made without the consent of each Lender affected thereby and FinnveraLender; or (cd) affect the interests, rights or obligations of the Administrative Agent in its capacity as such qua the Agent --- shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or any Lender Party in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender Party under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement ------------------------ and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower and Lender. Lender may enter into agreements or understandings with Section 7.2.2(b) Lenders regarding amendments or waivers to ---------------- the provisions of their respective credit agreements with the Borrower. The Collateral Trustee shall not release any collateral security unless it has received the prior written consent of Lender except (i) for releases in connection with the sale or transfer of collateral by an Obligor in the ordinary course of its business or (ii) as provided in the following sentence. Lender acknowledges and agrees that unless an Event of Default shall have occurred and be continuing, upon the request of the Borrower, the Required Lenders and Finnvera (in the case of Finnvera, such consent a Guarantor that is not to be unreasonably withheld or delayed); provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders a Significant Subsidiary shall be effective unless consented to released from its obligations under any Guaranty or Security Agreement delivered by each Lender and Finnvera; (b) reduce any fees described in Article III, extend any date fixed for payment, extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnvera; or (c) affect the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agentit. No failure or delay on the part of Lender or the Administrative Agent or holder of any Lender Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by Lender or the Administrative Agent or holder of any Lender Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement Agreement, including the closing conditions set forth herein, may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraBanks; provided, such consent not to be unreasonably withheld or delayed); provided that no such amendment, modification waiver or waiver which would: consent shall, unless in writing and signed by all the Banks, do any of the following: (a) modify this Section 12.1, change waive any of the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; (b) reduce any fees described conditions specified in Article III, extend (b) increase the Commitments of the Banks or subject the Banks to any additional obligations, (c) reduce the principal of, or interest on, the Notes or any fees or other amounts payable hereunder, (d) postpone any date fixed for any payment, extend the due date forincluding any scheduled repayment, of principal of, or reduce interest on, the amount ofNotes or any fees or other amounts payable hereunder, any scheduled repayment (e) change the percentage of the Commitments or prepayment of principal of or interest on any Loan (or reduce the aggregate unpaid principal amount of the Notes, or rate the number of interest on any Loan) Banks, which shall be made without required for the Banks or any of them to take any action hereunder, or (f) amend this Section 10.1 or (g) except as specifically permitted hereby or thereby, release or impair the security interest in any of the collateral granted to the Administrative Agent, for the benefit of the Banks, under the Security Documents or discharge any Subsidiary Guarantor; provided, further, that no amendment, waiver or consent of each Lender affected thereby shall, unless in writing and Finnvera; or (c) signed by the Administrative Agent in addition to the Banks required above to take such action, affect the interests, rights or obligations duties of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agentunder this Agreement or any Note. No failure or delay on the part of the Administrative Agent Agent, any Bank or the holder of any Lender Note in exercising any power or right under this Agreement or any other Loan Document Note shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement ------------------------ and of each other Instrument may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the BorrowerBorrower and the Majority Banks; provided, the Required Lenders and Finnvera (in the case of Finnverahowever, such consent not to be unreasonably withheld or delayed); provided that no such -------- ------- amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders Banks or by the Required Lenders Majority Banks shall be effective unless consented to by each Lender and FinnveraBank; (b) reduce modify this Section, modify Article 6, release any Guarantor, --------- change the definition of "Majority Banks", increase the Commitment or the -------------- Percentage of any Bank, modify any fees described in Article III, Section 2.14 or extend any date fixed for payment, ------------ the Maturity Date shall be made without the consent of each Bank; (c) extend the due date for, or reduce modify the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan Advance (or reduce modify the principal amount of or rate of interest on any LoanAdvance) shall be made without the consent of each Lender affected thereby and Finnverathe holder of the Note or Gold Receipt evidencing such Advance; (d) increase the Stated Amount of the Letter of Credit shall be made without the consent of the Issuer; or (ce) affect adversely the interests, rights or obligations of (i) the Administrative Agent (in its capacity as such the Agent), or the Issuer (in its capacity as the Issuer), shall be made without the consent of the Administrative AgentAgent or the Issuer, as the case may be. No failure or delay on the part of the Administrative Agent Agent, any Bank or the holder of any Lender Note or Gold Receipt in exercising any power or right under this Agreement or any other Loan Document Instrument shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent Agent, any Bank or the holder of any Lender Note or Gold Receipt under this Agreement or any other Loan Document Instrument shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed)Lenders; provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 11.1, change the definition of “Required Lenders”, increase the Commitment(s) of any Lender (other than pursuant to Section 2.14), reduce any fees described in Article III, Section 2.4 or extend any date fixed for payment, the Termination Date (other than pursuant to Section 2.15) shall be made without the consent of each Lender; (c) extend the due date (other than pursuant to Section 2.15) for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan Advance (or reduce the principal amount of or rate of interest on any LoanAdvance) shall be made without the consent of each Lender affected thereby and Finnvera; orLender; (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent; (e) affect adversely the interests, rights or obligations of the Swing Line Bank in its capacity as such shall be made without consent of the Swing Line Bank; or (f) affect adversely the interests, rights or obligations of any Issuing Bank in its capacity as such shall be made without consent of such Issuing Bank. No failure or delay on the part of the Administrative Agent or any Lender Party in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender Party under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. (a) The provisions of this Agreement and of each Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and and, (x) in the case of an amendment or modification, is consented to by the Borrower, Borrower and the Required Lenders and Finnvera (y) in the case of Finnveraa waiver of any obligation of the Borrower or compliance with any prohibition contained in this Agreement or any other Loan Document, such consent not is consented to be unreasonably withheld or delayed)by the Required Lenders; provided provided, however, that no such amendment, modification or waiver which wouldwaiver: (ai) modify this Section 12.1, change the definition of “Required Lenders”, which would modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (bii) which would modify this Section 9.1, change the definition of "Required Lenders," increase the Revolving Loan Commitment Amount or change any Percentage for any Lender, reduce any fees payable to the Lenders described in Article III2 and Article 3, extend the Revolving Loan Commitment Termination Date, release material amounts of Collateral, change the interest rates set forth in Article 3, or subject any date fixed for payment, Lender to any additional obligations shall be made without the consent of each Lender; (iii) which would extend the due date for, or reduce the amount of, any scheduled repayment payment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnverathe holder of the Note evidencing such Loan; or (civ) which would affect adversely the interests, rights rights, compensation or obligations of the Administrative Agent in its capacity as such qua the Agent shall be made without consent of the Administrative Agent. . (b) No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent Agent, any Lender, or the holder of any Lender Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval Regulatory Approval thereafter to be granted hereunder. (c) Neither any Lender nor the Agent shall be under any obligation to marshal any assets in favor of the Borrower or any other party or against or in payment of any or all of the Obligations. Recourse for security shall not be required at any time. To the extent that the Borrower makes a payment or payments to the Agent or the Lenders, or the Agent or the Lenders enforce their security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently for any reason invalidated, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 10.1, change the definition of "Required Lenders", increase the Revolving Commitment Amount or the Percentage of any Lender, reduce any fees described in Article III, change the schedule of repayments of Loans provided for in Section 3.1.2, release any Guarantor from its obligations pursuant to any Guaranty, release all or substantially all of the collateral security, except as otherwise specifically provided in any Loan Document or extend any date fixed for payment, the Revolving Commitment Termination Date or Maturity Date shall be made without the consent of each Lender and each holder of a Note; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan or any fee payable to a Lender (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each the holder of that Note evidencing such Loan or Lender affected thereby and Finnvera; orentitled to such fee; (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such qua the Agent shall be made without consent of the Administrative Agent; or (e) modify Section 2.7 or 8.4 shall be made without the consent of the Letter of Credit Issuer. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower any Credit Party in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 10.1, change the definition of “Required Lenders”, increase the Percentage or Commitment of any Lender, reduce any fees described in Article III, or extend the Maturity Date shall be made without the consent of each Lender and each holder of a Note (except for any date fixed for payment, change resulting from Section 2.8); (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or payment of interest on any Loan or fees owed hereunder (or reduce the principal amount of or rate of interest on any LoanLoan or the fees owed hereunder) shall be made without the consent of each Lender affected thereby and Finnverathe holder of that Note evidencing such Loan or owed such fees (except for any change resulting from Section 2.8); or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such qua the Agent shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each Purchase Document may from time to time be amended, modified waived or waivedotherwise modified, if such amendment, waiver or modification or waiver is in writing and consented to by the Borrower, Company and the Required Lenders and Finnvera (in the case of FinnveraNoteholders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification waiver or waiver which wouldmodification: (a) modify this Section 12.1, change the definition of “Required Lenders”, which would modify any requirement hereunder that any particular action be taken by all the Lenders each Noteholder or by the Required Lenders Noteholders shall be effective unless consented to by each Lender and Finnvera;Noteholder or the Required Noteholders, as the case may be; or (b) reduce any fees described in Article III, extend any date fixed for payment, which would modify this Section or change the definition of "Required Noteholders" or which would extend the due date for, or reduce the amount of, any scheduled repayment payment or prepayment of principal of or interest on any Loan Series No. 1 Note (or reduce the principal amount of or rate of interest on any LoanSeries No. 1 Note) shall be made without the consent of each Lender affected thereby and Finnvera; or (c) affect the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative AgentNoteholder. No failure or delay on the part of the Administrative Agent Purchaser or any Lender other Noteholder in exercising any power or right under this Agreement or any other Loan Purchase Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower Company in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent Purchaser or any Lender other Noteholder under this Agreement or any other Loan Purchase Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement each Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which wouldshall: (a) modify this Section 12.1, change without the definition consent of “Required all Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; (b) increase the aggregate amount of any Credit Extensions required to be made by a Lender pursuant to its Commitments, extend any final Commitment Termination Date or reduce any fees described in Article III, III payable to any Lender without the consent of such Lender; (c) extend or waive any date fixed for payment, extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of payment of principal of or interest on for any Loan (Lender's Loan, or reduce the principal amount of or of, rate of interest or fees on any Loan) Loan or Reimbursement Obligations (which shall be made in each case include the conversion of all or any part of the Obligations into equity of any Obligor), or extend or waive the date on which interest or fees are payable in respect of such Loan or Reimbursement Obligation, in each case, without the consent of each the Lender affected thereby which has made such Loan or, in the case of a Reimbursement Obligation, the Issuer owed, and Finnvera; or those Lenders participating in, such Reimbursement Obligation (c) affect it being understood and agreed, however, that any vote to rescind any acceleration made pursuant to Section 8.2 and Section 8.3 of amounts owing with respect to the interests, rights or obligations Loans and other Obligations shall only require the vote of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.Required Lenders);

Waivers, Amendments, Etc. (a) The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed); provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; (b) reduce any fees described in Article III, extend any date fixed for payment, extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnvera; or (c) affect the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative AgentLender. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. (b) This Agreement is an amendment and restatement of, and replaces and supersedes the documents and agreements evidencing the Existing Secured Debt; PROVIDED, HOWEVER, that no right, interest, claim or cause of action of any kind of the respective lender which may have existed under such documents and agreements evidencing the Existing Secured Debt shall in any way be released, modified, compromised or waived by virtue of this Agreement superseding and replacing such documents and agreements.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Company and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders Lenders, shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 10.1, change the definition of "Required Lenders", increase the Commitment Amount (except as provided in Section 2.2.2) or the Percentage of any Lender (except pursuant to assignments in accordance with Section 10.11), reduce any fees described in Article III, extend the Commitment Termination Date, or release any date fixed for payment, Guaranty of the Company issued pursuant to Section 5.2.4 shall be made without the consent of each Lender and each holder of a Note; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnverathe holder of the Note evidencing such Loan; or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such qua the Administrative Agent shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower Company in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: : (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; Lender; (b) reduce any fees described in Article IIImodify the first sentence of Section 4.8, Section 4.9 or this Section 10.1, change the definition of “Required Lenders” or extend any date fixed for paymentthe Maturity Date, shall be made without the consent of each Lender; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each the Lender which made such Loan or is otherwise affected thereby and Finnvera; or or (cd) affect adversely the interests, rights or obligations of the Administrative any Agent in its capacity as such an Agent shall be made without the consent of such Agent; provided, further, that no such amendment, modification or waiver which would either increase the Administrative Commitment or the Percentage of any Lender, or modify the rights, duties or obligations of any Agent, shall be effective without the consent of such Lender or such Agent, as applicable. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Purchase Document may from time to time be amended, modified waived or waivedotherwise modified, if such amendment, waiver or modification or waiver is in writing and consented to by the Borrower, Company and the Required Lenders and Finnvera (in the case of FinnveraNoteholders; PROVIDED, such consent not to be unreasonably withheld or delayed); provided HOWEVER, that no such amendment, modification waiver or waiver which wouldmodification: (a) modify this Section 12.1, change the definition of “Required Lenders”, which would modify any requirement hereunder that any particular action be taken by all the Lenders each Noteholder or by the Required Lenders Noteholders shall be effective unless consented to by each Lender and FinnveraNoteholder; (b) reduce any fees described in Article III, extend any date fixed for payment, which would modify this Section or change the definition of "Required Noteholders" or which would extend the due date for, or reduce the amount of, any scheduled repayment payment or prepayment of principal of or interest on any Loan Note (or reduce the principal amount of or rate of interest on any LoanNote) shall be made without the consent of the holder of such Note; PROVIDED, HOWEVER, that, with the consent of the Required Noteholders, the Company may, make on any (but not more than two) Interest Payment Date payment of all accrued interest then due on each Lender affected thereby and FinnveraNote by delivering to the holder thereof, IN LIEU of cash, a PIK Note; or (c) affect which would amend the interests, rights or obligations subordination provisions of the Administrative Agent in its capacity as such ARTICLE VIII shall be effective unless made without consent of the Administrative Agentin accordance with SECTION 8.8. No failure or delay on the part of any Noteholder or the Administrative Agent or any Lender Representative Noteholder in exercising any power or right under this Agreement or any other Loan Purchase Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower any Obligor in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any Noteholder, the Administrative Agent or any Lender Representative Noteholder under this Agreement or any other Loan Purchase Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. (a) The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrowers and the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed); provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; (b) reduce any fees described in Article III, extend any date fixed for payment, extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnvera; or (c) affect the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative AgentLender. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower Borrowers in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. (b) Unless and until the Merger is consummated and this Agreement becomes effective, the terms and provisions of the Existing Agreement and the other Loan Documents, including the Forbearance Agreement, are binding in all respects against LRI, the Original Borrowers and all Obligors and shall remain in full force and effect and are hereby ratified and confirmed in all respects. Upon the consummation of the Merger and the satisfaction of each of the other conditions precedent set forth in Article VI, this Agreement will become effective and will be a binding and enforceable agreement superseding the Existing Agreement in all respects. (c) If the Merger is not consummated, or if each of the other conditions set forth in Article VI are not satisfied by April 30, 1997, then (i) this Agreement is null and void and of no further force and effect; (ii) no Borrower or other Obligor shall have any claim of any kind against the Lender hereunder; (iii) the Existing Agreement and the Forbearance Agreement shall be immediately and automatically reinstated on such date without any further action required on the part of any of the parties hereto; and (iv) the Borrowers and the Guarantors hereby waive, and release the Lender and the Designee from, any and all claims against the Lender and the Designee under this Agreement. (d) Except as provided in the preceding Section 10.1(b) and 10.1(c), this Agreement is an amendment and restatement of, and replaces and supersedes the Existing Agreement; provided, however, that no right, interest, claim or cause of action of any kind of the Lender which may have existed under the Existing Agreement shall in any way be released, modified, compromised or waived by virtue of this Existing Agreement superseding and replacing the Existing Agreement.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: : (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; Lender; (b) modify the first sentence of Section 4.8, Section 4.9 or this Section 10.1, change the definition of “Required Lenders”, reduce any fees described in Article IIIIII or extend the Maturity Date, extend any date fixed for payment, shall be made without the consent of each Lender; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each the Lender affected thereby and Finnvera; or which made such Loan, provided that this clause (c) shall not apply to any repayments or prepayments due as a result of Section 2.2.2(b) or Section 2.2.2(c); or (d) affect adversely the interests, rights or obligations of the Administrative any Agent in its capacity as such an Agent shall be made without the consent of such Agent; provided, further, that no such amendment, modification or waiver which would either increase any Commitment, the Administrative Commitment Amount or the Percentage of any Lender, or modify the rights, duties or obligations of any Agent, shall be effective without the consent of such Lender or such Agent, as applicable. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The Except as expressly provided in the Intercreditor Agreement, the provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; PROVIDED, such consent not to be unreasonably withheld or delayed); provided HOWEVER, that no such amendment, modification or waiver which would: : (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; Lender; (b) modify this SECTION 11.1, change the definition of "REQUIRED LENDERS", increase any Commitment Amount or the Percentage of any Lender, reduce any fees described in Article ARTICLE III, release any substantial portion of collateral security, except as otherwise specifically provided in any Loan Document, extend any date fixed for payment, the Loan Commitment Termination Date or Stated Maturity Dates or change the interest provisions contained in SECTION 3.2 shall be made without the consent of each Lender and each holder of a Note; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnverathe holder of that Note evidencing such Loan; or or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; PROVIDED, such consent not to be unreasonably withheld or delayed); provided HOWEVER, that no such amendment, modification or waiver which would: : (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; Lender; (b) modify this SECTION 10.1, change the definition of "REQUIRED LENDERS," increase any Commitment Amount or the Percentage of any Lender, reduce any fees described in Article IIIARTICLE 3, change the schedule of reductions to the Commitments provided for in SECTION 2.2.2, release any collateral security, except as otherwise specifically provided in any Loan Document or extend any date fixed for payment, Commitment Termination Date shall be made without the consent of each Lender and each holder of a Note; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnverathe holder of that Note evidencing such Loan; or or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such QUA the Administrative Agent shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement ------------------------ and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such -------- ------- amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 10.1, change the definition of "Required ------------ -------- Lenders", increase the Commitment Amount or the Percentage of any Lender, ------- reduce any fees described in Article III, release any collateral security, except as ----------- otherwise specifically provided or contemplated in this Agreement or in any Loan Document, or extend any date fixed for payment, the Commitment Termination Date shall be made without the consent of each Lender and each holder of a Note; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnverathe holder of that Note evidencing such Loan; or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such the Agent shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: : (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; Lender; (b) modify this Section 10.1, change the definition of "Required Lenders", increase any Commitment Amount or the Percentage of any Lender, reduce any fees described in Article III, change the schedule of reductions to the Commitments provided for in Section 2.3, release any collateral security except as otherwise specifically provided in any Loan Document or extend any date fixed for paymentCommitment Termination Date, shall be made without the consent of each Lender; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnverathe holder of that Note evidencing such Loan; or or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such Agent, any Managing Agent as Managing Agent or any Co-Agent as Co-Agent shall be made without the consent of the Administrative such Agent, Managing Agent or Co-Agent. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 10.1, change the definition of “Required Lenders”, increase any Commitment Amount or the Percentage of any Lender, reduce any fees described in Article III, release or subordinate any collateral security, except as otherwise specifically provided in any Loan Document, or extend any date fixed for payment, Commitment Termination Date without the consent of each Lender and each holder of a Note; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnverathe holder of that Note evidencing such Loan; (d) affect adversely the interests, rights or obligations of any Issuer qua an Issuer shall be made without the consent of such Issuer; or (ce) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such qua the Agent shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: : (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders or by the Applicable Lenders shall be effective unless consented to by each Lender and Finnvera; Lender; (b) modify this Section 10.1, change the definition of "Required Lenders" or "Applicable Lenders", eliminate the Borrowing Base, increase any Commitment Amount or the Percentage of any Lender (except as contemplated by Section 2.1.6), reduce any fees described in Article III, or extend any date fixed for payment, Commitment Termination Date shall be made without the consent of each Lender and each holder of a Note; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnverathe Lenders; or or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such the Agent shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent Agent, any Lender, any Issuer or the holder of any Lender Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent Agent, any Lender, any Issuer or the holder of any Lender Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed); provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; (b) reduce any fees described in Article III, extend any date fixed for payment, extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnvera; or (c) affect the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agents, the Issuing Banks, the Paying Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power right or power, or any abandonment or discontinuation of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other power right or rightpower. The rights and remedies of the Administrative Agents, the Issuing Banks, the Paying Agent and the Lenders hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by the Borrower therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below (other than a waiver of the minimum amount of Commitment assumed by an Assuming Lender pursuant to Section 2.17 or by an assignee pursuant to Section 8.06, which may be waived by unilateral consent of the Borrower), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Borrower in any case shall entitle it the Borrower to any other or further notice or demand in similar or other circumstances. No waiver . (b) Neither this Agreement nor any provision hereof may be waived, amended or approval modified except (i) in the case of this Agreement, pursuant to an agreement or agreements in writing entered into by the Administrative Borrower and the Required Lenders, (ii) in the case of the Guarantee Agreement, pursuant to an agreement or agreements in writing entered into by the Guarantors and the Paying Agent and consented to by the Required Lenders or (iii) in the case of a Letter of Credit, pursuant to an agreement or agreements entered into by the Borrower and the applicable Issuing Bank; provided, however, that no such agreement shall (A) change the principal amount of any Advance or Letter of Credit Obligation, extend the final scheduled maturity of any Advance, extend the scheduled date for payment (but not prepayments) of principal of or interest on any Advance (other than as provided in Section 2.17), forgive any such payment or any part thereof or reduce the rate of interest on any Advance, in each case without the prior written consent of each Lender affected thereby, (B) increase the amount or extend the termination date of the Commitment of any Lender (other than as provided in Section 2.17 or 2.19) or reduce or extend the date for payment of the Facility Fees or other amounts payable under this Agreement to any Lender, in each case without the prior written consent of such Lender or any other Loan Document shall(C) amend or modify the provisions of this Section 8.01(b) or Section 8.05 or the definition of the term "Required Lenders" without the prior written consent of each Lender; and provided further that no such agreement shall amend, except as may be modify or otherwise stated in such waiver affect the rights or approvalduties of the Administrative Agents, be applicable to subsequent transactions. No waiver the Issuing Banks or approval the Paying Agent hereunder shall require any similar without the prior written consent of the Administrative Agents, the Issuing Banks or dissimilar waiver or approval thereafter to be granted hereunderthe Paying Agent, respectively.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the 5163 WEIL:\98779117\5\64945.0060WEIL:\98789202\5\64945.0060 2216363.01 NYCSR03A - MSW Required Lenders and Finnvera (in acknowledged by the case of Finnvera, such consent not to be unreasonably withheld or delayed)Administrative Agent; provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 11.1 or change the definition of "Required Lenders" shall be made without the consent of each Lender; (c) reduce any fees described in Article III, Section 2.4 payable to any Lender or extend the Maturity Date with respect to any date fixed for payment, Lender shall be made without the consent of such Lender; (d) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan Advance or fees (or reduce the principal amount of or rate of interest on any LoanAdvance) applicable to any Lender shall be made without the consent of each Lender affected thereby and Finnverasuch Lender; or (ce) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. If any Lender is a Non-Consenting Lender, the Borrower shall be entitled at any time to replace such Lender with another financial institution willing to take such assignment and reasonably acceptable to the Administrative Agent; provided that (i) each such assignment shall be either an assignment of all of the rights and obligations of the assigning Lender under this Agreement or an assignment of a portion of such rights and obligations made concurrently with another such assignment or other such assignments that together cover all of the rights and obligations of the assigning Lender under this Agreement, (ii) such assignment shall not conflict with applicable law and (iii) no Non-Consenting Lender shall be obligated to make any such assignment as a result of a demand by the Borrower pursuant to this Section unless and until such Non-Consenting Lender shall have received one or more payments from either the Borrower or one or more assignees in an aggregate amount at least equal to the aggregate outstanding principal amount of the Advances owing to such Non-Consenting Lender, together with accrued interest thereon to the date of payment of such principal amount and all other amounts payable to such Non-Consenting Lender under this Agreement.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed)Lenders; provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, a. modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) b. modify this Section 11.1 or change the definition of “Required Lenders” shall be made without the consent of each Lender; c. increase the Commitment of any Lender shall be made without the consent of such Lender; d. reduce any fees described in Article III, extend III payable to any date fixed for payment, Lender shall be made without the consent of such Lender; e. [RESERVED] f. extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any the Loan (or reduce the principal amount of or rate of interest on any the Loan) owed to any Lender shall be made without the consent of each Lender affected thereby and Finnverasuch Lender; or (c) g. affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent, the Hermes Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. The Lenders hereby agree, at any time and from time to time that the Nordea Agreement or the Bank of Nova Scotia Agreement is amended or refinanced, to negotiate in good faith to amend this Agreement to conform any representations, warranties, covenants or events of default in this Agreement to the amendments made to any substantively comparable provisions in the Nordea Agreement or the Bank of Nova Scotia Agreement or any refinancing thereof.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in acknowledged by the case of Finnvera, such consent not to be unreasonably withheld or delayed)Administrative Agent; provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 11.1 or change the definition of “Required Lenders” shall be made without the consent of each Lender; (c) reduce any fees described in Article III, Section 2.4 payable to any Lender or extend the Maturity Date with respect to any date fixed for payment, Lender shall be made without the consent of such Lender; (d) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan Advance or fees (or reduce the principal amount of or rate of interest on any LoanAdvance) applicable to any Lender shall be made without the consent of each Lender affected thereby and Finnverasuch Lender; or (ce) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. If any Lender is a Non-Consenting Lender, the Borrower shall be entitled at any time to replace such Lender with another financial institution willing to take such assignment and reasonably acceptable to the Administrative Agent; provided that (i) each such assignment shall be either an assignment of all of the rights and obligations of the assigning Lender under this Agreement or an assignment of a portion of such rights and obligations made concurrently with another such assignment or other such assignments that together cover all of the rights and obligations of the assigning Lender under this Agreement, (ii) such assignment shall not conflict with applicable law and (iii) no Non-Consenting Lender shall be obligated to make any such assignment as a result of a demand by the Borrower pursuant to this Section unless and until such Non-Consenting Lender shall have received one or more payments from either the Borrower or one or more assignees in an aggregate amount at least equal to the aggregate outstanding principal amount of the Advances owing to such Non-Consenting Lender, together with accrued interest thereon to the date of payment of such principal amount and all other amounts payable to such Non-Consenting Lender under this Agreement.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 10.1, change the definition of "Required Lenders", increase the Commitment Amount or the Percentage of any Lender, reduce any fees described in Article III, extend release any date fixed for paymentCollateral, except as otherwise specifically provided in Section 7.2.10, shall be made without the consent of each Lender and each holder of a Note; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and FinnveraLender; or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such qua the Agent shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document (except to the extent otherwise set forth in such Loan Document) may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrowereach Obligor party thereto, the Agent and the Required Lenders and Finnvera (in the case of FinnveraLenders; PROVIDED, such consent not to be unreasonably withheld or delayed); provided HOWEVER, that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by or a determination be made by, or with the consent of or in consultation with, all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) reduce modify this Clause, change the definition of the term "REQUIRED LENDERS", change the Total Commitment Amount or the Percentage or Funding Percentage of any fees described in Article III, extend Lender or otherwise subject any date fixed for payment, Lender to any additional obligation shall be made without the consent of each Lender; (c) extend the due date for, or reduce the amount of, any scheduled repayment payment or prepayment of principal of or interest on any Loan (or reduce the principal any other amount of payable hereunder or rate of interest on under any Loan) other Loan Document in respect thereof shall be made without the consent of each Lender affected thereby and Finnvera; orLender; (cd) affect the interests, rights or obligations of the Administrative Agent or any Arranger in its capacity their respective capacities as such shall be made without the consent of the Administrative AgentAgent or, as the case may be, such Arranger; (e) other than as specifically permitted by this Agreement or the relevant Security Agreement, authorise or effect the release of any material portion of the collateral which is the subject of any lien granted or purported to be granted in favour of the Agent (for the rateable benefit of the Lender Parties) or in favour of the Lender Parties pursuant to any relevant Security Agreement shall be made without the consent of each Lender; (f) modify any term of this Agreement or any other Loan Document expressly relating to the priority of payment of any obligations of the Borrower under any Hedging Agreement to which any Lender is a party shall be made without the consent of such Lender; or (g) pursuant to the Political Risk Insurance require the consent of the provider thereof, shall be made without the consent of such provider. No failure or delay on the part of the Administrative Agent or any Lender Party in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender Party under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 10.1, change the definition of "Required Lenders", increase the Revolving Commitment Amount or the Percentage of any Lender, reduce any fees described in Article III, change the schedule of repayments of Loans provided for in Section 3.1.2, release any Guarantor from its obligations pursuant to any Guaranty, release all or substantially all of the collateral security, except as otherwise specifically provided in any Loan Document or extend any date fixed for payment, the Revolving Commitment Termination Date or Maturity Date shall be made without the consent of each Lender and each holder of a Note; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan or any fee payable to a Lender (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each the holder of that Note evidencing such Loan or Lender affected thereby and Finnvera; orentitled to such fee; (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such qua the Agent shall be made without --- consent of the Administrative Agent; or (e) modify Section 2.7 or 8.4 shall be made without the consent of the ----------- --- Letter of Credit Issuer. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower any Credit Party in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to 73 80 time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 11.1, change the definition of "Required Lenders", increase any Commitment Amount or the Percentage of any Lender, extend the due date for or reduce any fees described in Article III, extend any date fixed for payment, Commitment Termination Date shall be made without the consent of each Lender and each holder of a Note; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnverathe holder of that Note evidencing such Loan; or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such qua the Agent shall be made without consent of the Administrative Agent. In addition, Section 6.3 shall not be amended without the consent of the Agent. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The Except as expressly provided in Sections 3.3 and 6.3, the provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, each Borrower and the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed)Lenders; provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) reduce modify Section 5.9, this Section 11.1, change the definitions of “Percentage,” or “Required Lenders,” increase the Total Commitment Amount or the Credit Commitment Amount or Percentage of any fees described in Article IIILender, extend any date fixed for paymentthe Commitment Termination Date, or, subject to Section 8.2.5, release (i) the Guaranty of Micro or (ii) all or substantially all of the value of the GuaranteesGuaranties of the Additional Guarantors, shall be made without the consent of each Lender; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (Credit Extension or reduce the principal amount of or rate of interest on any Loan) fee payable under Section 4.3 shall be made without the consent of each Lender directly and adversely affected thereby and Finnverathereby; or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such Agent, the Swing Line Lender or the Issuer shall be made without the consent of the Administrative Agent, the Swing Line Lender or the Issuer, as the case may be. No failure or delay on the part of the Administrative Agent or any Lender Party in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower any Obligor in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender Party under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed); provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; (b) reduce any fees described in Article III, extend any date fixed for payment, extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnvera; or (c) affect the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power right or power, or any abandonment or discontinuation of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other power right or rightpower. The rights and remedies of the Administrative Agent and the Lenders hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by the Borrower therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below (other than a waiver of the minimum amount of Commitment or Advances assumed by an assignee pursuant to Section 8.06, which may be waived by unilateral consent of the Borrower), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Borrower in any case shall entitle it the Borrower to any other or further notice or demand in similar or other circumstances. No waiver . (b) Neither this Agreement nor any provision hereof may be waived, amended or approval modified except pursuant to an agreement or agreements in writing entered into by the Borrower and the Required Lenders and either acknowledged by or notified to the Administrative Agent; provided, however, that no such agreement shall (A) change the principal amount of any Advance, extend the final scheduled maturity of any Advance, extend the scheduled date for payment (but not prepayments) of principal of or interest on any Advance, forgive any such payment or any part thereof or reduce the rate of interest on any Advance, in each case without the prior written consent of each Lender affected thereby, (B) increase the amount or extend the termination date of the Commitment of any Lender or reduce or extend the date for payment of the Funding Fees, Ticking Fees, Duration Fees or other amounts payable under this Agreement to any Lender, in each case without the prior written consent of such Lender or (C) amend or modify the provisions of this Section 8.01(b) or Section 8.05 or the definition of the term “Required Lenders”, without the prior written consent of each Lender; and provided further that (i) no such agreement shall amend, modify or otherwise affect the rights or duties of the Administrative Agent hereunder without the prior written consent of the Administrative Agent and (ii) the Fee Letter may be amended, or rights or privileges thereunder waived, in a writing executed only by the parties thereto. Notwithstanding anything to the contrary herein, no Defaulting Lender shall have any right to approve or disapprove any amendment, waiver or consent *** = Portions of this exhibit have been omitted pursuant to a request for confidential treatment. An unredacted version of this exhibit has been filed separately with the Commission. hereunder (and any amendment, waiver or consent which by its terms requires the consent of all Lenders or each affected Lender under this Agreement may be effected with the consent of the applicable Lenders other than Defaulting Lenders), except that (x) the Commitment of any Defaulting Lender may not be increased or extended without the consent of such Lender and (y) any waiver, amendment or modification requiring the consent of all Lenders or each affected Lender that by its terms affects any Defaulting Lender more adversely than other affected Lenders shall require the consent of such Defaulting Lender. (c) Notwithstanding anything to the contrary contained herein or in any other Loan Document shallDocument, except the authority to enforce rights and remedies hereunder and under the other Loan Documents against the Borrower shall be vested exclusively in, and all actions and proceedings at law in connection with such enforcement shall be instituted and maintained exclusively by, the Administrative Agent in accordance with Article VI for the benefit of all the Lenders; provided, however, that the foregoing shall not prohibit (a) the Administrative Agent from exercising on its own behalf the rights and remedies that inure to its benefit (solely in its capacity as may be Administrative Agent) hereunder and under the other Loan Documents, (b) any Lender from exercising setoff rights in accordance with Section 8.04 (subject to the terms of Section 2.13), or (c) any Lender from filing proofs of claim or appearing and filing pleadings on its own behalf during the pendency of a proceeding relative to the Borrower under any debtor relief law; and provided, further, that if at any time there is no Person acting as Administrative Agent hereunder and under the other Loan Documents, then (i) the Required Lenders shall have the rights otherwise stated ascribed to the Administrative Agent pursuant to Article VI and (ii) in such waiver or approvaladdition to the matters set forth in clauses (b) and (c) of the preceding proviso and subject to Section 2.13, be applicable any Lender may, with the consent of the Required Lenders, enforce any rights and remedies available to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunderit and as authorized by the Required Lenders.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Credit Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrowers and the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed)Lenders; provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 10.1, change the definition of "Required Lenders", release any Borrower or Guarantor, increase the Total Commitment Amount or the Percentage of any Lender, reduce or extend the due date of any fees described in Article III, extend any date fixed for payment, III or extend the due Commitment Termination Date or the Final Maturity Date shall be made without the consent of each Lender; (c) extend the maturity date for, or reduce the amount of, any payment required under Section 2.2.2 or any other scheduled repayment or prepayment of principal of or interest on any Contract Loan (or reduce the principal amount of or rate of interest on any Contract Loan) shall be made without the consent of each Lender affected thereby and FinnveraLender; or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such qua the Agent shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Credit Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower Borrowers in any case shall entitle it them to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Credit Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. All remedies of the Agent and the Lenders under the Credit Documents and Applicable Law are cumulative and remain available until the Obligations shall have been paid in full.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; PROVIDED, such consent not to be unreasonably withheld or delayed); provided HOWEVER, that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this SECTION 11.1, change the definition of "REQUIRED LENDERS", increase any Commitment Amount or the Percentage of any Lender, reduce any fees described in Article ARTICLE III, release any substantial portion of collateral security, except as otherwise specifically provided in any Loan Document, extend any date fixed for payment, the Loan Commitment Termination Date or state Maturity Dates or change the interest provisions contained in SECTION 3.2 shall be made without the consent of each Lender and each holder of a Note; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnverathe holder of that Note evidencing such Loan; or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: : (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; Lender; (b) modify the first sentence of Section 4.8, Section 4.9 or this Section 10.1, change the definition of “Required Lenders”, reduce any fees described in Article IIIIII or, except in the manner set forth in Section 2.10, extend any date fixed for paymentthe Maturity Date, shall be made without the consent of each Lender; (c) except in the manner set forth in Section 2.10, extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan or LC Disbursement (or reduce the principal amount of or rate of interest on any LoanLoan or LC Disbursement) shall be made without the consent of each the Lender which made such Loan or is otherwise affected thereby and Finnverathereby; or or (cd) affect adversely the interests, rights or obligations of the Administrative any Agent in its capacity as such an Agent shall be made without the consent of such Agent; provided, further, that no such amendment, modification or waiver which would either increase any Commitment, the Administrative AgentCommitment Amount or the Percentage of any Lender, or modify the rights, duties or obligations of any Agent or Issuing Bank, shall be effective without the consent of such Lender, such Agent or such Issuing Bank, as applicable. No failure or delay on the part of the Administrative Agent Agent, any Lender or any Lender Issuing Bank in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent Agent, any Lender or any Lender Issuing Bank under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The Except as expressly provided in Sections 3.3 and 6.3, the provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, each Borrower and the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed)Lenders; provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) reduce modify Section 5.9, this Section 11.1, change the definitions of “Percentage,” or “Required Lenders,” increase the Total Commitment Amount or the Credit Commitment Amount or Percentage of any fees described in Article IIILender, extend any date fixed for paymentthe Commitment Termination Date, or, subject to Section 8.2.5, release (i) the Guaranty of Micro or (ii) all or substantially all of the value of the Guarantees of the Additional Guarantors, shall be made without the consent of each Lender; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (Credit Extension or reduce the principal amount of or rate of interest on any Loan) fee payable under Section 4.3 shall be made without the consent of each Lender directly and adversely affected thereby and Finnverathereby; or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such Agent, the Swing Line Lender or the Issuer shall be made without the consent of the Administrative Agent, the Swing Line Lender or the Issuer, as the case may be. No failure or delay on the part of the Administrative Agent or any Lender Party in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower any Obligor in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender Party under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, each Borrower and the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed)Lenders; provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) reduce modify this SECTION 11.1, change the definitions of Adjusted Percentage, Percentage, or Required Lenders, increase the Total Credit Commitment Amount or the Credit Commitment Amount, Adjusted Percentage, or Percentage of any fees described in Article IIILender, extend the Commitment Termination Date, or, subject to SECTION 8.2.5, release any date fixed for paymentGuarantor from any of its payment obligations under the Guaranty entered into by it, shall be made without the consent of each Lender; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (Pro-Rata Credit Extension or reduce the principal amount of or rate of interest on any Loan) fee payable under SECTION 4.3 shall be made without the consent of each Lender affected thereby and Finnvera; orLender; (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such Administrative Agent shall be made without the consent of the Administrative Agent; or (e) affect adversely the interests, rights or obligations of the Documentation Agent in its capacity as the Documentation Agent shall be made without the consent of the Documentation Agent. No failure or delay on the part of the Administrative Agent or any Lender Party in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower any Obligor in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender Party under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed)Lenders; provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 11.1, change the definition of “Required Lenders”, increase the Commitment of any Lender, reduce any fees described in Article III, III or extend any date fixed for payment, payment shall be made without the consent of each Lender; NYDOCS03/851836.9B 50 (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnvera; orthereby; (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent; or (e) affect adversely the interests, rights or obligations of the FEC Counterparty in its capacity as such shall be made without written consent of the FEC Counterparty. and provided further, that (x) any amendment, modification or waiver to which the consent of any Tranche A Lender is required shall also require the consent of Finnvera and (y) any waiver of the conditions set forth in Section 5.3 shall require only the consent of the Tranche A Lenders. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the FEC Counterparty in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the FEC Counterparty under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; PROVIDED, such consent not to be unreasonably withheld or delayed); provided HOWEVER, that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section, or CLAUSE (A) of SECTION 10.10, change the definition of "Required Lenders", increase the Term Loan Commitment Amount or the Percentage of any Lender, reduce any fees described in Article IIISECTION 3.3, release any Subsidiary Guarantor from its obligations under the Subsidiary Guaranty (except in each case as otherwise specifically provided in this Agreement or such Subsidiary Guaranty) or extend any date fixed for payment, the Term Loan Commitment Termination Date shall be made without the consent of each Lender adversely affected thereby; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or premium (if any) or interest on or fees payable in respect of any Term Loan (or reduce the principal amount of or rate of interest on any Loan) Term Loan shall be made without the consent of each Lender affected thereby and Finnverathe holder of the Term Note evidencing such Term Loan; or (cd) affect adversely the interests, rights or obligations of the Administrative any Agent or Arranger (in its capacity as Agent or Arranger), unless consented to by such shall be made without consent of Agent or Arranger, as the Administrative Agentcase may be. No failure or delay on the part of the Administrative Agent or any Agent, any Lender or the holder of any Term Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Agent, any Lender or the holder of any Term Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in acknowledged by the case of Finnvera, such consent not to be unreasonably withheld or delayed)Administrative Agent; provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 11.1 or change the definition of "Required Lenders" shall be made without the consent of each Lender; (c) reduce any fees described in Article III, Section 2.4 payable to any Lender or extend the Maturity Date with respect to any date fixed for payment, Lender shall be made without the consent of such Lender; (d) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan Advance or fees (or reduce the principal amount of WEIL:\98779116\4\64945.0060 or rate of interest on any LoanAdvance) applicable to any Lender shall be made without the consent of each Lender affected thereby and Finnverasuch Lender; or (ce) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. If any Lender is a Non-Consenting Lender, the Borrower shall be entitled at any time to replace such Lender with another financial institution willing to take such assignment and reasonably acceptable to the Administrative Agent; provided that (i) each such assignment shall be either an assignment of all of the rights and obligations of the assigning Lender under this Agreement or an assignment of a portion of such rights and obligations made concurrently with another such assignment or other such assignments that together cover all of the rights and obligations of the assigning Lender under this Agreement, (ii) such assignment shall not conflict with applicable law and (iii) no Non-Consenting Lender shall be obligated to make any such assignment as a result of a demand by the Borrower pursuant to this Section unless and until such Non-Consenting Lender shall have received one or more payments from either the Borrower or one or more assignees in an aggregate amount at least equal to the aggregate outstanding principal amount of the Advances owing to such Non-Consenting Lender, together with accrued interest thereon to the date of payment of such principal amount and all other amounts payable to such Non-Consenting Lender under this Agreement.

Waivers, Amendments, Etc. The provisions of this Agreement ------------------------ and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such -------- ------- amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 10.1, change the definition of "Required ------------ -------- Lenders", increase the Commitment Amount or the Percentage of any ------- Lender, reduce any fees described in Article III, extend or release any date fixed for payment----------- collateral security, except as otherwise specifically provided or contemplated in this Agreement or in any Loan Document, shall be made without the consent of each Lender and each holder of a Note; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnverathe holder of that Note evidencing such Loan; or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such the Agent shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, the Agent and the Required Lenders and Finnvera (in the case of FinnveraBanks; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which wouldwaiver: (a) modify this Section 12.1, change the definition of “Required Lenders”, which would modify any requirement hereunder that any particular action be taken by all the Lenders Banks or by the Required Lenders Banks shall be effective unless consented to by each Lender and FinnveraBank; (b) which would modify this Section 10.1, change the definition of "Required Banks," increase the Total Commitment Amount or the Percentage of any Bank, reduce any fees described in Article IIISection 2.5, extend any date fixed for payment, the Commitment Termination Date shall be made without the consent of each Bank; (c) which would extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and FinnveraBank; or (cd) which would affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without the consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or any Lender Bank Party in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender Bank Party under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed); provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; (b) reduce any fees described in Article III, extend any date fixed for payment, extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnvera; or (c) affect the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender under this NYDOCS01/1357662.2 52 Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if (NY) 18002/039/SOLSTICE4/solstice.4.loan.agt.doc such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed)Lenders; provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, a. modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) b. modify this Section 11.1 or change the definition of “Required Lenders” shall be made without the consent of each Lender; c. increase the Commitment of any Lender shall be made without the consent of such Lender; d. reduce any fees described in Article III, III payable to any Lender shall be made without the consent of such Lender; e. extend the Commitment Termination Date of any date fixed for payment, Lender shall be made without the consent of such Lender; f. extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any the Loan (or reduce the principal amount of or rate of interest on any the Loan) owed to any Lender shall be made without the consent of each Lender affected thereby and Finnverasuch Lender; or (c) g. affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or any Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any the Administrative Agent or any Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. The Lenders hereby agree, at any time and from time to time that the Citibank Credit Agreement is amended prior to the Closing Date, to negotiate in good faith to amend this Agreement to conform any representations, warranties, covenants or events of default in this Agreement to the amendments made to any substantively comparable provisions in the Citibank Credit Agreement.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which that would: : (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; Lender; or (b) modify this Section 10.1 or Section 8.3 change the definition of "Required Lenders", increase the Total Commitment Amount or the Commitment Amount or Percentage of any Lender, reduce any fees described in Article III, extend release any date fixed for paymentcollateral security, except as otherwise specifically provided in any Loan Document, or reduce or limit the Obligations of any Subsidiary Guarantor under any Guaranty hereunder, shall be made without the consent of each Lender; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan or any other obligation (or reduce the principal amount of of, or rate of interest on on, any Loan) shall be made without the consent of each Lender affected thereby and Finnverathe holder of that Note evidencing such Loan; or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such qua the Administrative Agent or of the Collateral Agent qua the Collateral Agent, shall be made without consent of the Administrative Agent or the Collateral Agent, as the case maybe; or (e) modify Section 10.4 without the consent of the Agents and each Lender. No failure or delay on the part of the Administrative Agent or Agent, any Lender or holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. (a) The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and and, (x) in the case of an amendment or modification, is consented to by the Borrower, Borrower and the Required Lenders and Finnvera or (y) in the case of Finnveraa waiver of any obligation of the Borrower or of compliance by the Borrower with any prohibition contained in this Agreement or any other Loan Document, such consent not is consented to be unreasonably withheld or delayed)by the Required Lenders; provided provided, however, that no such amendment, modification or waiver which wouldwaiver: (ai) modify this Section 12.1, change the definition of “Required Lenders”, which would modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (bii) which would modify this Section 9.1, change the definition of “Required Lenders,” reduce any fees payable to the Lenders described in Article III, 2 and Article 3 or extend any date fixed for payment, the Facility Maturity Date shall be made without the consent of each Lender directly and adversely affected thereby; (iii) which would extend the due date for, or reduce the amount of, any scheduled repayment payment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender directly and adversely affected thereby and Finnverathereby; or (civ) which would affect adversely the interests, rights rights, compensation or obligations of the Administrative Agent in its capacity as such shall be made without the consent of the Administrative Agent. . (b) No Defaulting Lender shall have any right to approve or disapprove any amendment, waiver or consent hereunder, except to the extent the consent of such Lender would be required under clause (i), (ii) and (iii) in the proviso to the first sentence of this Section 9.1(a). (c) No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. (d) Neither any Lender nor the Agent shall be under any obligation to marshal any assets in favor of the Borrower or against or in payment of any or all of the Obligations. Recourse for security shall not be required at any time. To the extent that the Borrower makes a payment or payments to the Agent or the Lenders, or the Agent or the Lenders enforces their security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently for any reason invalidated, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy Law, state or federal Law, common Law or equitable cause, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: : (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders or by the Applicable Lenders shall be effective unless consented to by each Lender and Finnvera; Lender; (b) modify this Section 10.1, change the definition of "Required Lenders" or "Applicable Lenders", increase any Commitment Amount or the Percentage of any Lender, reduce any fees described in Article III, or extend any date fixed for payment, Commitment Termination Date shall be made without the consent of each Lender and each holder of a Note; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnverathe holder of that Note evidencing such Loan; or or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such the Agent shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent Agent, any Lender, any Issuer or the holder of any Lender Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent Agent, any Lender, any Issuer or the holder of any Lender Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed)Lenders; provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section 11.1, change the definition of “Required Lenders”, increase the Commitment(s) of any Lender, reduce any fees described in Article III, Section 2.4 or extend any date fixed for payment, the Termination Date (other than pursuant to Section 2.15) shall be made without the consent of each Lender; (c) extend the due date (other than pursuant to Section 2.15) for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan Advance (or reduce the principal amount of or rate of interest on any LoanAdvance) shall be made without the consent of each Lender affected thereby and Finnvera; orLender; (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent; (e) affect adversely the interests, rights or obligations of the Swing Line Bank in its capacity as such shall be made without consent of the Swing Line Bank; or (f) affect adversely the interests, rights or obligations of any Issuing Bank in its capacity as such shall be made without consent of such Issuing Bank. No failure or delay on the part of the Administrative Agent or any Lender Party in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or any Lender Party under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided however, that no such amendment, modification or waiver which would: (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and FinnveraLender; (b) modify this Section, change the definition of "Required Lenders", change any Commitment Amount or the Percentage of any Lender, reduce any fees described in Article III, change the schedule of reductions to the Commitments provided for in Section 2.2.2, release any guarantor (if any) party to a Loan Document or any collateral security, except as otherwise specifically provided in any Loan Document or extend any date fixed for payment, Commitment Termination Date shall be made without the consent of each Lender and each holder of a Note; or (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnvera; or (c) affect the interests, rights or obligations holder of the Administrative Agent in its capacity as that Note evidencing such shall be made without consent of the Administrative AgentLoan. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.or

Waivers, Amendments, Etc. The provisions of this Agreement may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, the Required Lenders and Finnvera (in the case of Finnvera, such consent not to be unreasonably withheld or delayed); provided that no such amendment, modification or waiver which would: (a) modify this Section 12.1In no event shall an Agent or any other entity of The Bank of New York Mellon group (the “BNYM Group”) be liable for any claims, change losses, liabilities, damages, costs, expenses and judgments (including legal fees and expenses) to any party arising from an Agent or any BNYM Group member receiving or transmitting any data from the definition of “Required Lenders”Parent or the Issuer, modify any requirement hereunder that any particular action be taken by all the Lenders or person authorized by the Required Lenders Parent or the Issuer or any party to this Indenture via any non-secure method of transmission or communication, such as, but without limitation, by facsimile or e-mail. Each of the Parent and the Issuer accepts that some methods of communication are not secure and an Agent or any other BNYM Group member shall incur no liability for receiving instructions via any such non- secure method. The Agents or any other BNYM Group member is authorized to comply with and rely upon any such notice, instructions or other communications believed by it to have been sent or given by a person authorized by the Parent or the Issuer or an appropriate party to the transaction (or an authorized representative thereof). The Parent and the Issuer or authorized officers of the Parent and the Issuer shall use all reasonable endeavors to ensure that instructions transmitted to an Agent or any other BNYM Group member pursuant to any Debt Documents are complete and correct. Any instructions shall be effective unless consented conclusively deemed to by each Lender and Finnvera;be valid instructions from the Parent or the Issuer or authorized officers of the Parent or the Issuer to an Agent or any other BNYM Group member for the purposes of the Debt Documents. (b) reduce any fees described in Article III, extend any date fixed for payment, extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnvera; or (c) affect the interests, rights or obligations of the Administrative Agent in its capacity as such shall be made without consent of the Administrative Agent. No failure or delay on the part of the Administrative Agent or any Lender party hereto in exercising any right or power or right under this Agreement or any other Loan Document hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other power right or rightpower. The rights and remedies of the parties hereto are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any party therefrom shall in any event be effective unless the same shall be permitted by paragraph (c) of this Section 11.2, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Borrower any party hereto in any case shall entitle it such party to any other or further notice or demand in similar or other circumstances. No waiver . (c) Neither this Agreement nor any provision hereof may be waived, amended or approval modified except pursuant to an agreement or agreements in writing entered into by each Collateral Agent, the International Security Agent and each Representative; provided that, in the event that any waiver, amendment or modification of any provision of this Agreement affects the rights, interests, liabilities or privileges of an Obligor under the First Lien Debt Documents, the Second Lien Debt Documents or this Agreement are directly and adversely affected, such Obligor shall have the right to consent to or approve such waiver, amendment or modification. (d) Notwithstanding any other provision of this Section 11.2, this Agreement may be waived, amended or modified with the consent of the Designated First Lien Representative and the Designed Second Lien Representative (without the need for consent of any other Secured Party) to (x) cure ambiguities, defects, errors, mistakes or omissions, (y) in connection with any incurrence of high yield notes, to provide for the reasonable customary protections of the trustee thereunder, or (z) in connection with any incurrence of Unsecured Debt, to include, appropriately, such Unsecured Debt and the Creditors thereof in the provision hereof provided that in relation to this clause (z), such waiver, amendment or modification does not adversely affect the Secured Parties (provided that the incurrence of Unsecured Debt in itself shall be deemed not to adversely affect any Secured Party, to the extent that the incurrence of such Unsecured Debt is not prohibited by the Administrative Agent First Lien Debt Agreement and the Second Lien Debt Agreement to which that Secured Party is a party). In executing any amendment, the Agents shall be entitled to receive and shall be fully protected in relying upon, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amendment is authorized or any Lender permitted by this Agreement and all conditions precedent have been complied with. The Agents shall not be obligated to enter into such amendments that affects its own rights, duties or immunities under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunderotherwise.

Waivers, Amendments, Etc. The provisions of this ------------------------ Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, Borrower and the Required Lenders and Finnvera (in the case of FinnveraLenders; provided, such consent not to be unreasonably withheld or delayed); provided that however, that-------- ------- no such amendment, modification or waiver which would: : (a) modify this Section 12.1, change the definition of “Required Lenders”, modify any 50 requirement hereunder that any particular action be taken by all the Lenders or by the Required Lenders shall be effective unless consented to by each Lender and Finnvera; Lender; (b) modify this Section 10.1, change the definition of "Required Lenders", ------------ ---------------- increase any Commitment Amount or the Percentage of any Lender, reduce any fees described in Article III, or extend any date fixed for payment, Commitment Termination Date shall be ----------- made without the consent of each Lender and each holder of a Note; (c) extend the due date for, or reduce the amount of, any scheduled repayment or prepayment of principal of or interest on any Loan (or reduce the principal amount of or rate of interest on any Loan) shall be made without the consent of each Lender affected thereby and Finnverathe holder of that Note evidencing such Loan; or or (cd) affect adversely the interests, rights or obligations of the Administrative Agent in its capacity as such qua the Agent shall be made without consent of the Administrative --- Agent. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Administrative Agent or Agent, any Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.