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
18
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PAYABLE BY ANY BORROWER UNDER THE LOAN DOCUMENTS IS RESCINDED OR MUST BE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 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 TO THE DLJ GUARANTOR, NOR
ANY PRESENT OR FUTURE SHAREHOLDER, OFFICER, DIRECTOR, EMPLOYEE, TRUSTEE,
BENEFICIARY, ADVISOR, MEMBER, PARTNER, PRINCIPAL, PARTICIPANT OR AGENT OF OR IN
ANY GUARANTOR OR OF OR IN ANY PERSON THAT IS OR BECOMES A CONSTITUENT MEMBER,
OTHER THAN GUARANTORS AND SUCH DLJMB PARTIES, SHALL HAVE ANY PERSONAL LIABILITY,
DIRECTLY OR INDIRECTLY, UNDER OR IN CONNECTION WITH THIS GUARANTY, OR ANY
AMENDMENT OR AMENDMENTS HERETO MADE AT ANY TIME OR TIMES,