Amendment; Waiver; Consent. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed by each of the parties hereto. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Consent to Amendment. In accordance with [Section 7.07] of the TSA, this Amendment is set forth in writing and signed on behalf of each of the parties to the TSA. The Parties hereby each consent to this Amendment to the TSA.

Guarantor waives: # promptness, diligence and notice of acceptance of this Guaranty and notice of the incurring of any obligation, indebtedness or liability to which this Guaranty applies or may apply and, except as expressly required by this Guaranty or any other Warehouse Document, waives presentment for payment, notice of nonpayment, protest, demand, notice of protest, notice of intent to accelerate, notice of acceleration, notice of dishonor, diligence in enforcement and indulgences of every kind; and # the taking of any other action by [[Organization C:Organization]], including, without limitation, giving any notice of default or any other notice to, or making any demand on, [[Organization B:Organization]], any other guarantor of all or any part of the Guaranteed Obligations or any other Person.

Consent and Waiver. The Administrative Agent and the [[Organization A:Organization]] # consent to the Houston Acquisition, # agree that, the Houston Acquisition will not constitute a Default or Event of Default under [Article VII(d)] of the Credit Agreement as a result of Borrowers failing to comply with [Section 6.04(h)(vi)] of the Credit Agreement, and # waive any Default or Event of Default described in the preceding subsection # that would otherwise occur as a result of the Houston Acquisition.

The Issuer and the Trustee may amend the Indenture, the Notes, any Security Document or the Intercreditor Agreement to the extent provided in Article 9 of the Indenture.

Amendment; Waiver. Any amendment hereto or waiver of any provision hereof may be made with, and only with, the written consent of the Maker and the Payee.

Waiver; Amendment. Neither this Subscription Agreement nor any provisions hereof shall be amended or waived except by an instrument in writing, signed by the party against whom enforcement of any such amendment or waiver is sought.

Amendment; Waiver. The terms and conditions of this Agreement may be amended unilaterally by the Company, provided, however, that # no such amendment will be adverse to you without your written consent (except # as provided in Section A.5 above or # to the extent the Company reasonably determines that such amendment is necessary or appropriate to comply with applicable law, including the provisions of Code Section 409A, stock exchange rules or accounting rules); and # the amendment must be permitted under the Plan. The Company’s failure to insist upon strict compliance with any provision of this Agreement or failure to exercise, or any delay in exercising, any right, power or remedy under this Agreement will not be deemed to be a waiver of such provision or any such right, power or remedy which the Board, the Committee or the Company has under this Agreement.

Amendment; Waiver. No modification, amendment or waiver of any provision of this Agreement shall be effective unless such modification, amendment or waiver is approved in writing by each of the Parties. The failure of any Party to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of such Party thereafter to enforce each and every provision of this Agreement in accordance with its terms. Notwithstanding the foregoing, to the extent that the Purchaser have waived any condition to Closing set forth in Section 5.2 (excluding Sections 5.2(a) and (b)) under any of the other Share Purchase Agreements, the Purchaser shall be deemed to have waived such same condition to Closing under this Agreement.

Amendment; Waiver. The Agreement may be amended at any time, but only by mutual written agreement of the parties hereto. Any party may waive compliance by the other party with any provision hereof, but only by an instrument in writing executed by the party granting such waiver.