Notwithstanding any limitation under this Guarantee, the Administrative Agent shall be entitled to further pursue in court payment claims under this Guarantee granted by the respective German Guarantor if it disagrees with the Auditor's Determination by claiming in court that demanding payment under the German Guarantee against the relevant German Guarantor does not violate §§ 30, 31 GmbHG and would not constitute an unlawful payment within the meaning of § 64 sentence 3 GmbHG. The agreement of the Administrative Agent to abstain from demanding any or part of the payment under this Guarantee in accordance with the provisions above shall constitute neither a waiver ( Verzicht ) of any right granted under this Agreement or any other Credit Document to the Administrative Agent or any Secured Creditor nor a definite defense ( Einwendung ) of the relevant German Guarantor against any of the guaranteed obligations.