SOLELY ON ACCOUNT OF NOT BEING INDICATED IN
THIS §18. WITHOUT LIMITATION UPON THE FOREGOING, NOTHING CONTAINED IN THIS §18
SHALL BE CONSTRUED TO GRANT ANY RIGHTS TO THE GRANTORS OR TO IMPOSE ANY DUTIES
ON THE PURCHASERS THAT WOULD NOT HAVE BEEN GRANTED OR IMPOSED BY THIS AGREEMENT
OR BY APPLICABLE LAW IN THE ABSENCE OF THIS §18.
19.
NO ORAL CHANGE; AMENDMENTS; SECURITY AGREEMENT SUPPLEMENTS FOR
ADDITIONAL GRANTORS. NO AMENDMENT OF ANY PROVISION OF THIS AGREEMENT SHALL BE
EFFECTIVE UNLESS IT IS IN WRITING AND SIGNED BY THE GRANTORS AND THE PURCHASERS,
AND NO WAIVER OF ANY PROVISION OF THIS AGREEMENT, AND NO CONSENT TO ANY
DEPARTURE BY THE GRANTORS THEREFROM, SHALL BE EFFECTIVE UNLESS IT IS IN WRITING
AND SIGNED BY THE PURCHASERS, AND THEN SUCH WAIVER OR CONSENT SHALL BE EFFECTIVE
ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE FOR WHICH GIVEN.
NOTWITHSTANDING THE FOREGOING, ADDITIONAL PERSONS MAY BECOME GRANTORS UNDER THIS
AGREEMENT WITHOUT CONSENT OF ANY OTHER GRANTOR THROUGH EXECUTION AND DELIVERY TO
THE PURCHASERS OF AN ASSUMPTION AGREEMENT IN THE FORM OF ANNEX 1 HERETO OR ANY
OTHER FORM OF SUPPLEMENT ACCEPTABLE TO THE PURCHASERS. NOTHING IN THIS SECTION
19 SHALL BE CONSTRUED TO PERMIT ANY GRANTOR TO FORM A SUBSIDIARY UNLESS
EXPRESSLY PERMITTED TO DO SO UNDER THE NOTE.
15
20.
SURETYSHIP WAIVERS BY GRANTORS. EACH GRANTOR WAIVES DEMAND, NOTICE,
PROTEST, NOTICE OF ACCEPTANCE OF THIS AGREEMENT, NOTICE OF LOANS MADE, CREDIT
EXTENDED, COLLATERAL RECEIVED OR DELIVERED OR OTHER ACTION TAKEN IN RELIANCE
HEREON AND ALL OTHER DEMANDS AND NOTICES OF ANY DESCRIPTION. WITH RESPECT TO
BOTH THE OBLIGATIONS AND THE COLLATERAL, THE GRANTORS ASSENT TO ANY EXTENSION OR
POSTPONEMENT OF THE TIME OF PAYMENT OR ANY OTHER INDULGENCE, TO ANY
SUBSTITUTION, EXCHANGE OR RELEASE OF OR FAILURE TO PERFECT ANY SECURITY INTEREST
IN ANY COLLATERAL, TO THE ADDITION OR RELEASE OF ANY PARTY OR PERSON PRIMARILY
OR SECONDARILY LIABLE, TO THE ACCEPTANCE OF PARTIAL PAYMENT THEREON AND THE
SETTLEMENT, COMPROMISING OR ADJUSTING OF ANY THEREOF, ALL IN SUCH MANNER AND AT
SUCH TIME OR TIMES AS THE PURCHASERS MAY DEEM ADVISABLE. THE PURCHASERS SHALL
HAVE NO DUTY AS TO THE COLLECTION OR PROTECTION OF THE COLLATERAL OR ANY INCOME
THEREON, NOR AS TO THE PRESERVATION OF RIGHTS AGAINST PRIOR PARTIES, NOR AS TO
THE PRESERVATION OF ANY RIGHTS PERTAINING THERETO BEYOND THE SAFE CUSTODY
THEREOF AS SET FORTH IN §11.2. THE GRANTORS FURTHER WAIVE ANY AND ALL OTHER
SURETYSHIP DEFENSES.
21.
MARSHALLING. THE PURCHASERS SHALL NOT BE REQUIRED TO MARSHAL ANY
PRESENT OR FUTURE COLLATERAL SECURITY (INCLUDING BUT NOT LIMITED TO THIS
AGREEMENT AND THE COLLATERAL) FOR, OR OTHER ASSURANCES OF PAYMENT OF, THE
OBLIGATIONS OR ANY OF THEM OR TO RESORT TO SUCH COLLATERAL SECURITY OR OTHER
ASSURANCES OF PAYMENT IN ANY PARTICULAR ORDER, AND ALL OF ITS RIGHTS HEREUNDER
AND IN RESPECT OF SUCH COLLATERAL SECURITY AND OTHER ASSURANCES OF PAYMENT SHALL
BE CUMULATIVE AND IN ADDITION TO ALL OTHER RIGHTS, HOWEVER EXISTING OR ARISING.
TO THE