TAKE OR ABSTAIN FROM TAKING SECURITY OR
COLLATERAL FROM THE COMPANY OR FROM PERFECTING SECURITY OR COLLATERAL OF THE
COMPANY;
78
(C)
ACCEPT COMPROMISES OR ARRANGEMENTS FROM THE
COMPANY;
(D)
APPLY ALL MONIES AT ANY TIME RECEIVED FROM
THE COMPANY OR FROM ANY SECURITY UPON SUCH PART OF THE OBLIGATIONS AS THE
HOLDERS MAY SEE FIT OR CHANGE ANY SUCH APPLICATION IN WHOLE OR IN PART FROM TIME
TO TIME AS THE HOLDERS MAY SEE FIT; AND
(E)
OTHERWISE DEAL WITH, OR WAIVE OR MODIFY
THEIR RIGHT TO DEAL WITH, THE COMPANY AND ALL OTHER PERSONS AND ANY SECURITY AS
THE HOLDERS OR THE TRUSTEE MAY SEE FIT.
SECTION 11.16
DEFAULT AND ENFORCEMENT.
IF ANY
GUARANTOR FAILS TO PAY IN ACCORDANCE WITH SECTION 11.06 HEREOF, THE TRUSTEE MAY
PROCEED IN ITS NAME AS TRUSTEE HEREUNDER IN THE ENFORCEMENT OF THE GUARANTEE OF
ANY SUCH GUARANTOR AND SUCH GUARANTOR'S OBLIGATIONS THEREUNDER AND HEREUNDER BY
ANY REMEDY PROVIDED BY LAW, WHETHER BY LEGAL PROCEEDINGS OR OTHERWISE, AND TO
RECOVER FROM SUCH GUARANTOR THE OBLIGATIONS.
SECTION 11.17
AMENDMENT, ETC.
NO AMENDMENT,
MODIFICATION OR WAIVER OF ANY PROVISION OF THIS INDENTURE RELATING TO ANY
GUARANTOR OR CONSENT TO ANY DEPARTURE BY ANY GUARANTOR OR ANY OTHER PERSON FROM
ANY SUCH PROVISION WILL IN ANY EVENT BE EFFECTIVE UNLESS IT IS SIGNED BY SUCH
GUARANTOR AND THE TRUSTEE.
SECTION 11.18
ACKNOWLEDGMENT.
EACH GUARANTOR HEREBY
ACKNOWLEDGES COMMUNICATION OF THE TERMS OF THIS INDENTURE AND THE NOTES AND
CONSENTS TO AND APPROVES OF THE SAME.
SECTION 11.19
COSTS AND EXPENSES.
EACH GUARANTOR SHALL
PAY ON DEMAND BY THE TRUSTEE ANY AND ALL COSTS, FEES AND EXPENSES (INCLUDING,
WITHOUT LIMITATION, LEGAL FEES) INCURRED BY THE TRUSTEE, ITS AGENTS, ADVISORS
AND COUNSEL OR ANY OF THE HOLDERS IN ENFORCING ANY OF THEIR RIGHTS UNDER ANY
GUARANTEE.
SECTION 11.20
NO WAIVER; CUMULATIVE REMEDIES.
NO
FAILURE TO EXERCISE AND NO DELAY IN EXERCISING, ON THE PART OF THE TRUSTEE OR
THE HOLDERS, ANY RIGHT, REMEDY, POWER OR PRIVILEGE HEREUNDER OR UNDER THIS
INDENTURE OR THE NOTES, SHALL OPERATE AS A WAIVER THEREOF; NOR SHALL ANY SINGLE
OR PARTIAL EXERCISE OF ANY RIGHT, REMEDY, POWER OR PRIVILEGE HEREUNDER OR UNDER
THIS INDENTURE OR THE NOTES PRECLUDE ANY OTHER OR FURTHER EXERCISE THEREOF OR
THE EXERCISE OF ANY OTHER RIGHT, REMEDY, POWER OR PRIVILEGE.
THE RIGHTS,
REMEDIES, POWERS AND PRIVILEGES IN THE GUARANTEE AND UNDER THIS INDENTURE, THE
NOTES AND ANY OTHER DOCUMENT OR INSTRUMENT BETWEEN A GUARANTOR AND/OR THE
COMPANY AND THE TRUSTEE ARE CUMULATIVE AND NOT EXCLUSIVE OF ANY RIGHTS,
REMEDIES, POWERS AND PRIVILEGE PROVIDED BY LAW.
SECTION 11.21
GUARANTEE IN ADDITION TO OTHER
OBLIGATIONS.
THE OBLIGATIONS OF EACH GUARANTOR UNDER ITS GUARANTEE AND THIS
INDENTURE ARE IN ADDITION TO AND NOT IN SUBSTITUTION FOR ANY OTHER OBLIGATIONS
TO THE TRUSTEE OR TO ANY OF THE HOLDERS IN RELATION TO THIS INDENTURE OR THE
NOTES AND ANY GUARANTEES OR SECURITY AT ANY TIME HELD BY OR FOR THE BENEFIT OF
ANY OF THEM.
SECTION 11.22
SEVERABILITY.
ANY PROVISION OF THIS