25.
WAIVER OF PRESENTMENT, DEMAND AND DISHONOR.
EACH OF THE PAYORS HEREBY
WAIVES PRESENTMENT FOR PAYMENT, PROTEST, DEMAND, NOTICE OF PROTEST, NOTICE OF
NONPAYMENT AND DILIGENCE WITH RESPECT TO THIS NOTE, AND WAIVES AND RENOUNCES ALL
RIGHTS TO THE BENEFITS OF ANY STATUTE OF LIMITATIONS OR ANY MORATORIUM,
APPRAISEMENT, EXEMPTION, OR HOMESTEAD NOW PROVIDED OR THAT HEREAFTER MAY BE
PROVIDED BY ANY FEDERAL OR APPLICABLE STATE STATUTE, INCLUDING BUT NOT LIMITED
TO EXEMPTIONS PROVIDED BY OR ALLOWED UNDER THE FEDERAL BANKRUPTCY CODE, BOTH AS
TO ITSELF AND AS TO ALL OF ITS PROPERTY, WHETHER REAL OR PERSONAL, AGAINST THE
ENFORCEMENT AND COLLECTION OF THIS NOTE (AND ANY AND ALL OBLIGATIONS HEREUNDER)
AND ANY AND ALL EXTENSIONS, RENEWALS, AND MODIFICATIONS HEREOF.
IN ANY ACTION
ON THIS NOTE, THE HOLDER OF THIS NOTE NEED NOT PRODUCE OR FILE THE ORIGINAL OF
THIS NOTE, BUT NEED ONLY FILE A PHOTOCOPY OF THIS NOTE CERTIFIED BY THE HOLDER
HEREOF TO BE A TRUE AND CORRECT COPY OF THIS NOTE.
26.
USAGE.
WHENEVER THE WORDS "INCLUDE," "INCLUDES" OR "INCLUDING" ARE USED
IN THIS AGREEMENT, THEY SHALL BE DEEMED TO BE FOLLOWED BY THE WORDS "WITHOUT
LIMITATION."
ALL REFERENCES TO "$" AND DOLLARS SHALL BE DEEMED TO REFER TO
UNITED STATES CURRENCY UNLESS OTHERWISE SPECIFICALLY PROVIDED.
*
*
*
*
*
16
IN WITNESS WHEREOF, each of the Payors has executed and delivered this Note on
February 22, 2008.
Aldabra 2 Acquisition Corp.
By
/s/ Jason G. Weiss
Its
Chief Executive Officer
SCHEDULE I TO THE NOTE
Date
Aggregate
Principal Amount
Outstanding Pre-
Adjustment
Accrued and Unpaid
Interest Pre-Adjustment
(including Accumulated
Interest per Section
1(c))
Aggregate Principal
Amount Outstanding Post-
Adjustment
Accrued and Unpaid
Interest Post-Adjustment
(including Accumulated
Interest per Section 1(c))
A-2