(3) Execution and Delivery. Each Guaranteeing Subsidiary agrees that the Guarantee shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes.
(4) Limitations to Guarantee. To the extent applicable and without limiting the generality of any other provision of the Notes, the Indenture and this Supplemental Indenture, each Guaranteeing Subsidiary hereby irrevocably and unconditionally waives, to the fullest extent permitted by applicable law:
(a) any right to require any Guaranteed Party or the Trustee or Notes Collateral Agent to first proceed against, initiate any actions before a court or any other judge or authority, or enforce any other rights or security or claim payment from the Issuers or any other Person, before claiming any amounts due from any Guaranteeing Subsidiary under the Notes, the Indenture and this Supplemental Indenture;
(b) any right to which it may be entitled to have the assets of each Issuer or any other Person first be used, applied or depleted as payment of each Issuers obligations hereunder, prior to any amount being claimed from or paid by each Guaranteeing Subsidiary under the Notes, the Indenture and this Supplemental Indenture;
(c) any right to which it may be entitled to have claims against it, or assets to be used or applied as payment, be divided among the guarantors; and
(d) any right or benefit of orden, excusión, división, quita and espera and any other rights specified in, but not limited to, Articles 2813, 2814, 2815, 2817, 2818, 2819, 2820, 2821, 2822, 2823, 2826, 2837, 2839, 2840, 2845, 2846, 2847, 2848, 2849 and any other related or applicable Articles of the Federal Civil Code (Código Civil Federal) and the corresponding provisions of the Civil Codes of the states of Mexico and the City of Mexico (or any successor provisions), which are not reproduced herein given that each Guaranteeing Subsidiary hereby represents that it knows the contents of such articles.
(5) No Recourse Against Others. No past, present or future director, manager, officer, employee, incorporator, member, partner or direct or indirect equityholder of the Issuer, Holdings or the Guaranteeing Subsidiaries shall have any liability for any obligations of the Issuer or the Guarantors (including each Guaranteeing Subsidiary) under the Notes, any Guarantees, the Security Documents, the Indenture or this Supplemental Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder by accepting Notes waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Notes.
(6) Governing Law. THIS SUPPLEMENTAL INDENTURE, AND ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS SUPPLEMENTAL INDENTURE, WILL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK.
(7) Submission to Jurisdiction. Notwithstanding Section 13.08 (Waiver of Jury Trial) of the Indenture, with respect to any action or proceeding arising out of or relating to this Supplemental Indenture, the Indenture, the Notes and the Guarantees involving the Guaranteeing