THAT THE INFORMATION PROVIDED BY ANY GUARANTOR TO LENDER MAY
ULTIMATELY BE INCORPORATED INTO THE OFFERING DOCUMENTS FOR THE SECONDARY MARKET
TRANSACTION AND THUS VARIOUS INVESTORS MAY ALSO SEE SOME OR ALL OF THE
INFORMATION.
LENDER AND ALL OF THE AFORESAID THIRD-PARTY ADVISORS AND
PROFESSIONAL FIRMS SHALL BE ENTITLED TO RELY ON THE INFORMATION SUPPLIED BY, OR
ON BEHALF OF, ANY GUARANTOR IN THE FORM AS PROVIDED BY SUCH GUARANTOR.
LENDER
MAY PUBLICIZE THE EXISTENCE OF THE LOAN IN CONNECTION WITH ITS MARKETING FOR A
SECONDARY MARKET TRANSACTION OR OTHERWISE AS PART OF ITS BUSINESS DEVELOPMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS GUARANTY, IN THE
EVENT OF A SECONDARY MARKET TRANSACTION, GUARANTORS SHALL BE ENTITLED TO DEAL
WITH AND RELY UPON ONLY ONE SERVICER FOR ALL OWNERS OF INTEREST IN THE LOAN IN
CONNECTION WITH ALL MATTERS RELATING TO THE LOAN AND SHALL NOT INCUR ANY COSTS
GREATER THAN THOSE THAT WOULD BE INCURRED IF THE LEAD LENDER WERE THE ONLY
LENDER (INCLUDING ENFORCEMENT COSTS).
ANY SUCH TRANSACTION SHALL BE AT LENDER'S
SOLE COST AND EXPENSE, INCLUDING, WITHOUT LIMITATION, THE COST OF ANY REPORTS,
CERTIFICATIONS OR OPINIONS REQUIRED OF GUARANTORS IN CONNECTION WITH ANY SUCH
TRANSACTION.
NO SUCH TRANSACTION SHALL RESULT IN A MATERIAL INCREASE IN THE
OBLIGATIONS OR POTENTIAL LIABILITY OF GUARANTORS UNDER THIS GUARANTY AND THE
LOAN DOCUMENTS BY REASON OF ANY REQUESTED ADDITIONAL COVENANT, REPRESENTATION,
WARRANTY, INDEMNITY OR CERTIFICATION OR OTHERWISE.
6.14
REINSTATEMENT IN CERTAIN CIRCUMSTANCES.
IF AT ANY TIME ANY PAYMENT
OF THE PRINCIPAL OF OR INTEREST UNDER THE NOTE OR ANY OTHER AMOUNT PAYABLE BY
ANY BORROWER UNDER THE LOAN DOCUMENTS IS RESCINDED OR MUST BE OTHERWISE RESTORED
OR RETURNED UPON THE INSOLVENCY, BANKRUPTCY OR REORGANIZATION OF SUCH BORROWER
OR OTHERWISE, THE GUARANTORS' OBLIGATIONS HEREUNDER WITH RESPECT TO SUCH PAYMENT
SHALL BE REINSTATED AS THOUGH SUCH PAYMENT HAS BEEN DUE BUT NOT MADE AT SUCH
TIME.
6.15
USA PATRIOT ACT NOTICE.
LENDER HEREBY NOTIFIES GUARANTORS THAT
PURSUANT TO THE REQUIREMENTS OF THE USA PATRIOT ACT (TITLE III OF PUB. L. 107-56
(SIGNED INTO LAW OCTOBER 26, 2001)) (THE "PATRIOT ACT"), IT IS REQUIRED TO
OBTAIN, VERIFY AND RECORD INFORMATION THAT IDENTIFIES EACH GUARANTOR, WHICH
INFORMATION INCLUDES THE NAME AND ADDRESS OF EACH GUARANTOR AND OTHER
INFORMATION THAT WILL ALLOW LENDER TO IDENTIFY EACH GUARANTOR IN ACCORDANCE WITH
THE PATRIOT ACT.
6.16
FULLY RECOURSE.
THE GUARANTEED OBLIGATIONS ARE JOINT AND SEVERAL
RECOURSE OBLIGATIONS OF GUARANTORS AND NOT RESTRICTED BY ANY LIMITATION ON
PERSONAL LIABILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS GUARANTY,
IN THE LOAN AGREEMENT OR IN ANY
18
OTHER LOAN DOCUMENT, NO PRESENT OR FUTURE CONSTITUENT MEMBER OTHER THAN (I) A
GUARANTOR, AND (II) WITH RESPECT TO THE DLJ GUARANTOR, DLJ MERCHANT BANKING
PARTNERS IV, L.P., MBP IV PLAN INVESTORS, L.P., DLJMB HRH CO-INVESTMENTS, L.P.,
DLJ OFFSHORE PARTNERS IV, L.P., AND DLJ MERCHANT BANKING PARTNERS IV (PACIFIC),
L.P. (SUCH LIMITED PARTNERSHIPS, COLLECTIVELY, THE "DLJMB PARTIES") AS PROVIDED
IN THAT CERTAIN COMMITMENT LETTER OF THE DLJMB PARTIES OF EVEN DATE HEREWITH
ADDRESSED