OR ANY OTHER
PERSON, ANY CHANGE OF CIRCUMSTANCES, WHETHER OR NOT FORESEEN OR FORESEEABLE,
WHETHER OR NOT IMPUTABLE TO THE COMPANY OR ANY OTHER PERSON, OR OTHER
IMPOSSIBILITY OF PERFORMANCE THROUGH FIRE, EXPLOSION, ACCIDENT, LABOR
DISTURBANCE, FLOODS, DROUGHTS, EMBARGOES, WARS (WHETHER OR NOT DECLARED), CIVIL
COMMOTION, ACTS OF GOD OR THE PUBLIC ENEMY, DELAYS OR FAILURE OF SUPPLIERS OR
CARRIERS, INABILITY TO OBTAIN MATERIALS, ACTION OF ANY FEDERAL OR STATE
REGULATORY BODY OR AGENCY, CHANGE OF LAW OR ANY OTHER CAUSES AFFECTING
PERFORMANCE, OR ANY OTHER FORCE MAJEURE, WHETHER OR NOT BEYOND THE CONTROL OF
THE COMPANY OR ANY OTHER PERSON AND WHETHER OR NOT OF THE KIND HEREINBEFORE
SPECIFIED; OR
(6)
ANY ATTACHMENT, CLAIM, DEMAND, CHARGE,
LIEN, ORDER, PROCESS, ENCUMBRANCE OR ANY OTHER HAPPENING OR EVENT OR REASON,
SIMILAR OR DISSIMILAR TO THE FOREGOING, OR ANY WITHHOLDING OR DIMINUTION AT THE
SOURCE, BY REASON OF ANY TAXES, ASSESSMENTS, EXPENSES, DEBT, OBLIGATIONS OR
LIABILITIES OF ANY CHARACTER, FORESEEN OR UNFORESEEN, AND WHETHER OR NOT VALID,
INCURRED BY OR AGAINST THE COMPANY, ANY GUARANTOR OR ANY OTHER PERSON OR ANY
5
CLAIMS, DEMANDS, CHARGES OR LIENS OF ANY NATURE, FORESEEN OR UNFORESEEN,
INCURRED BY THE COMPANY, ANY GUARANTOR OR ANY OTHER PERSON, OR AGAINST ANY SUMS
PAYABLE IN RESPECT OF THE NOTES OR UNDER THE NOTE PURCHASE AGREEMENT, OR THIS
GUARANTY, SO THAT SUCH SUMS WOULD BE RENDERED INADEQUATE OR WOULD BE UNAVAILABLE
TO MAKE THE PAYMENTS HEREIN PROVIDED; OR
(7)
ANY ORDER, JUDGMENT, DECREE, RULING OR
REGULATION (WHETHER OR NOT VALID) OF ANY COURT OF ANY NATION OR OF ANY POLITICAL
SUBDIVISION THEREOF OR ANY BODY, AGENCY, DEPARTMENT, OFFICIAL OR ADMINISTRATIVE
OR REGULATORY AGENCY OF ANY THEREOF OR ANY OTHER ACTION, HAPPENING, EVENT OR
REASON WHATSOEVER WHICH SHALL DELAY, INTERFERE WITH, HINDER OR PREVENT, OR IN
ANY WAY ADVERSELY AFFECT, THE PERFORMANCE BY THE COMPANY, ANY GUARANTOR OR ANY
OTHER PERSON OF ITS RESPECTIVE OBLIGATIONS UNDER OR IN RESPECT OF THE NOTES, THE
NOTE PURCHASE AGREEMENT, THIS GUARANTY OR ANY OTHER AGREEMENT; OR
(8)
THE FAILURE OF ANY GUARANTOR TO RECEIVE ANY
BENEFIT FROM OR AS A RESULT OF ITS EXECUTION, DELIVERY AND PERFORMANCE OF THIS
GUARANTY; OR
(9)
ANY FAILURE OR LACK OF DILIGENCE IN
COLLECTION OR PROTECTION, FAILURE IN PRESENTMENT OR DEMAND FOR PAYMENT, PROTEST,
NOTICE OF PROTEST, NOTICE OF DEFAULT AND OF NONPAYMENT, ANY FAILURE TO GIVE
NOTICE TO ANY GUARANTOR OF FAILURE OF THE COMPANY, ANY GUARANTOR OR ANY OTHER
PERSON TO KEEP AND PERFORM ANY OBLIGATION, COVENANT OR AGREEMENT UNDER THE TERMS
OF THE NOTES, THE NOTE PURCHASE AGREEMENT, THIS GUARANTY OR ANY OTHER AGREEMENT
OR FAILURE TO RESORT FOR PAYMENT TO THE COMPANY, ANY GUARANTOR OR TO ANY OTHER
PERSON OR TO ANY OTHER GUARANTY OR TO ANY PROPERTY, SECURITY, LIENS OR OTHER
RIGHTS OR REMEDIES; OR
(10)
(THE ACCEPTANCE OF ANY ADDITIONAL SECURITY OR
OTHER GUARANTY, THE ADVANCE OF ADDITIONAL MONEY TO THE COMPANY OR ANY OTHER
PERSON, THE RENEWAL OR EXTENSION OF THE NOTES OR AMENDMENTS, MODIFICATIONS,
CONSENTS OR WAIVERS WITH