TO TRIAL BY JURY IN ANY ACTION, SUIT,
OR PROCEEDING ARISING OUT OF, IN CONNECTION WITH OR RELATING TO, THIS AMENDMENT,
THE OTHER LOAN DOCUMENTS AND ANY OTHER TRANSACTION CONTEMPLATED HEREBY AND
THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).
EACH OF THE
PARTIES HERETO CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER
PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD
NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER.
[SIGNATURE PAGE FOLLOWS]
4
IN WITNESS WHEREOF, each of the parties hereto has duly executed this Amendment
as of the day and year first above written.
The Guarantor
LEUCADIA NATIONAL CORPORATION
By:
/s/ Joseph A. Orlando
Name:
Joseph A. Orlando
Title:
Vice
President
The Lender (on behalf of each of the Secured Parties)
BH FINANCE LLC
By:
/s/ Marc D. Hamburg
Name:
Marc D. Hamburg
Title:
President
[SIGNATURE PAGE TO AMENDMENT NO. 1 TO GUARANTY]