UNLESS IN WRITING AND SIGNED BY ALL THE LENDERS, THE BORROWER AND
ACKNOWLEDGED BY THE AGENT, DO ANY OF THE FOLLOWING:
(A)
INCREASE OR EXTEND THE COMMITMENT OF ANY
LENDER, REINSTATE ANY COMMITMENT TERMINATED PURSUANT TO SUBSECTION 7.2(A),
INCREASE THE AGGREGATE REVOLVING LOAN COMMITMENT OR EXTEND THE CAPEX LINE
TERMINATION DATE;
(B)
POSTPONE OR DELAY ANY DATE FIXED FOR, OR
WAIVE, ANY PAYMENT OF PRINCIPAL, INTEREST, FEES OR OTHER AMOUNTS DUE TO THE
LENDERS (OR ANY OF THEM) HEREUNDER OR UNDER ANY OTHER LOAN DOCUMENT (OTHER THAN
ANY POSTPONEMENT OR DELAY OF ANY DATE FIXED FOR ANY MANDATORY PREPAYMENT OF THE
LOANS PURSUANT TO SUBSECTION 1.8(C) OR 1.8(D));
(C)
REDUCE THE PRINCIPAL OF, OR THE RATE OF
INTEREST SPECIFIED HEREIN OR THE AMOUNT OF INTEREST PAYABLE IN CASH SPECIFIED
HEREIN ON ANY LOAN, OR OF ANY FEES OR OTHER AMOUNTS PAYABLE HEREUNDER OR UNDER
ANY OTHER LOAN DOCUMENT;
(D)
CHANGE THE PERCENTAGE OF THE COMMITMENTS OR
OF THE AGGREGATE UNPAID PRINCIPAL AMOUNT OF THE LOANS WHICH SHALL BE REQUIRED
FOR THE LENDERS OR ANY OF THEM TO TAKE ANY ACTION HEREUNDER;
(E)
AMEND THIS SECTION 9.1 OR THE DEFINITION OF
"REQUIRED LENDERS" OR ANY PROVISION PROVIDING FOR CONSENT OR OTHER ACTION BY ALL
LENDERS; OR
(F)
DISCHARGE THE BORROWER OR ANY OF ITS
SUBSIDIARIES FROM THEIR RESPECTIVE PAYMENT OBLIGATIONS UNDER THE LOAN DOCUMENTS,
OR RELEASE ALL OR SUBSTANTIALLY ALL OF THE COLLATERAL, EXCEPT AS OTHERWISE MAY
BE PROVIDED IN THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS;
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and, provided further, that no amendment, waiver or consent shall, unless in
writing and signed by the Agent in addition to the Required Lenders or all the
Lenders, as the case may be, affect the rights or duties of the Agent under this
Agreement or any other Loan Document.
9.2
NOTICES.
(A)
ALL NOTICES, REQUESTS AND OTHER
COMMUNICATIONS PROVIDED FOR HEREUNDER SHALL BE IN WRITING (INCLUDING, UNLESS THE
CONTEXT EXPRESSLY OTHERWISE PROVIDES, BY FACSIMILE TRANSMISSION) AND MAILED BY
CERTIFIED OR REGISTERED MAIL, FAXED OR DELIVERED BY PERSONAL OR OVERNIGHT
DELIVERY, TO THE ADDRESS OR FACSIMILE NUMBER SPECIFIED FOR NOTICES ON THE
APPLICABLE SIGNATURE PAGE HEREOF; OR, IF DIRECTED TO THE BORROWER OR THE AGENT,
TO SUCH OTHER ADDRESS AS SHALL BE DESIGNATED BY SUCH PARTY IN A WRITTEN NOTICE
TO EACH OF THE OTHER PARTIES HERETO GIVEN IN COMPLIANCE HEREWITH, OR, IF
DIRECTED TO ANY OTHER PARTY HERETO, TO SUCH OTHER ADDRESS AS SHALL BE DESIGNATED
BY SUCH PARTY IN A WRITTEN NOTICE GIVEN IN COMPLIANCE HEREWITH TO THE BORROWER
AND THE AGENT.
(B)
ALL SUCH NOTICES, REQUESTS AND
COMMUNICATIONS SHALL BE EFFECTIVE (I) IF DELIVERED IN PERSON, WHEN DELIVERED,
(II) IF DELIVERED BY FACSIMILE TRANSMISSION ON THE DATE OF TRANSMISSION IF
TRANSMITTED ON A BUSINESS DAY BEFORE 4:00 P.M. CHICAGO TIME, OTHERWISE ON THE
NEXT BUSINESS DAY, (III) IF DELIVERED BY OVERNIGHT COURIER, ONE (1) BUSINESS DAY
AFTER DELIVERY TO THE COURIER PROPERLY ADDRESSED AND (IV) IF MAILED, UPON THE
THIRD (3RD) BUSINESS DAY AFTER THE DATE DEPOSITED INTO THE U.S.