(b) any change in the time, manner or place of payment of, or in any other term of, all or any of the
Guaranteed Obligations or any other obligations of any other Borrower under this Agreement or any Note, or any other
amendment or waiver of or any consent to departure from this Agreement or any Note (including, without limitation, any
increase in the Guaranteed Obligations resulting from extensions of additional credit to any other Borrower or otherwise);
(c) any taking, exchange, release or nonperfection of any collateral or any taking, release or amendment or
waiver of or consent to departure from any other guarantee, for all or any of the Guaranteed Obligations;
(d) any change, restructuring or termination of the structure or existence of any other Borrower or any of its
Subsidiaries;
(e) any failure of the Administrative Agent or any Lender to disclose to the Company any information relating
to the financial condition, operations, properties or prospects of any other Borrower now or hereafter known by the
Administrative Agent or such Lender, as the case may be; or
(f) any other circumstance (including, without limitation, any statute of limitations to the fullest extent
permitted by applicable law or any existence of or reliance on any representation by the Administrative Agent or any Lender)
that might otherwise constitute a defense available to, or a discharge of, the Company, any other Borrower or any other
guarantor or surety.
The guarantee of the Company set forth in this Article VII shall continue to be effective or be reinstated, as the case may be, if at any
time any payment of any of the Guaranteed Obligations is rescinded or must otherwise be returned by the Administrative Agent or any
of the Lenders upon the insolvency, bankruptcy or reorganization of any other Borrower or otherwise, all as though such payment had
not been made.
SECTION 7.03. Waivers. (a) The Company hereby unconditionally and irrevocably waives promptness, diligence,
presentment, demand for payment, protest, notice of acceptance and any other notice with respect to any of the Guaranteed
Obligations and the guarantee of the Company set forth in this Article VII, and any requirement that any right or power be exhausted
or any action be taken against any other Borrower or against any other guarantor of all or any portion of the Advances.
(b) The Company hereby unconditionally and irrevocably waives any right to revoke its guarantee set forth in
this Article VII, and acknowledges that such guarantee is continuing in nature and applies to all of the Guaranteed Obligations,
whether existing now or in the future.
(c) The Company hereby unconditionally and irrevocably waives any duty on the part of the Administrative
Agent or any Lender to disclose to the Company any matter, fact or thing relating to the business, properties, operation or condition of
any other Borrower or any
59
Source: BLACK & DECKER CORP, 10-K, February 19, 2010 Powered by Morningstar
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