AGAINST THE BORROWER
OR ANY OTHER PARTY, OR ANY SECURITY, WITHOUT AFFECTING OR IMPAIRING IN ANY WAY
THE LIABILITY OF HOLDINGS HEREUNDER EXCEPT TO THE EXTENT THE GUARANTEED
OBLIGATIONS HAVE BEEN PAID.
(B)
HOLDINGS WAIVES ALL PRESENTMENTS, DEMANDS
FOR PERFORMANCE, PROTESTS AND NOTICES, INCLUDING, WITHOUT LIMITATION, NOTICES OF
NONPERFORMANCE, NOTICES OF PROTEST, NOTICES OF DISHONOR, NOTICES OF ACCEPTANCE
OF THIS GUARANTY, AND NOTICES OF THE EXISTENCE, CREATION OR INCURRING OF NEW OR
ADDITIONAL GUARANTEED OBLIGATIONS.
HOLDINGS ASSUMES ALL RESPONSIBILITY FOR
BEING AND KEEPING ITSELF INFORMED OF THE BORROWER'S FINANCIAL CONDITION AND
ASSETS, AND OF ALL OTHER CIRCUMSTANCES, BEARING UPON THE RISK OF NONPAYMENT OF
THE GUARANTEED OBLIGATIONS AND THE NATURE, SCOPE AND EXTENT OF THE RISKS WHICH
HOLDINGS ASSUMES AND INCURS HEREUNDER, AND AGREES THAT THE GUARANTEED CREDITORS
SHALL HAVE NO DUTY TO ADVISE HOLDINGS OF INFORMATION KNOWN TO THEM REGARDING
SUCH CIRCUMSTANCES OR RISKS.
13.09
ENFORCEMENT.
THE GUARANTEED CREDITORS AGREE THAT THIS GUARANTY MAY BE
ENFORCED ONLY BY THE ACTION OF THE ADMINISTRATIVE AGENT OR THE COLLATERAL AGENT,
IN EACH CASE ACTING UPON THE INSTRUCTIONS OF THE REQUIRED LENDERS AND NO
GUARANTEED CREDITOR SHALL HAVE ANY RIGHT INDIVIDUALLY TO SEEK TO ENFORCE OR TO
ENFORCE THIS GUARANTY OR TO REALIZE UPON THE SECURITY TO BE GRANTED BY THE
SECURITY DOCUMENTS, IT BEING UNDERSTOOD AND AGREED THAT SUCH RIGHTS AND REMEDIES
MAY BE EXERCISED BY THE ADMINISTRATIVE AGENT OR THE COLLATERAL AGENT FOR THE
BENEFIT OF THE GUARANTEED CREDITORS UPON THE TERMS OF THIS GUARANTY AND THE
SECURITY DOCUMENTS.
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