OR OTHER RIGHT OR
REMEDY OF SUCH GUARANTOR AGAINST THE BORROWER, ANY OTHER GUARANTOR, ANY OTHER
GUARANTOR OF THE GUARANTEED OBLIGATIONS OR ANY OTHER PARTY OR ANY SECURITY.
(C)
EACH GUARANTOR HEREBY WAIVES THE BENEFITS OF ANY STATUTE OF
LIMITATIONS AFFECTING ITS LIABILITY HEREUNDER OR THE ENFORCEMENT THEREOF.
ANY
PAYMENT BY THE BORROWER OR OTHER CIRCUMSTANCE WHICH OPERATES TO TOLL ANY STATUTE
OF LIMITATIONS AS TO THE BORROWER SHALL OPERATE TO TOLL THE STATUTE OF
LIMITATIONS AS TO EACH GUARANTOR.
(D)
EACH GUARANTOR HAS KNOWLEDGE AND ASSUMES ALL RESPONSIBILITY FOR
BEING AND KEEPING ITSELF INFORMED OF THE BORROWER'S AND EACH OTHER GUARANTOR'S
FINANCIAL CONDITION, AFFAIRS AND ASSETS, AND OF ALL OTHER CIRCUMSTANCES BEARING
UPON THE RISK OF NONPAYMENT OF THE
4
GUARANTEED OBLIGATIONS AND THE NATURE, SCOPE AND EXTENT OF THE RISKS WHICH SUCH
GUARANTOR ASSUMES AND INCURS HEREUNDER, AND HAS ADEQUATE MEANS TO OBTAIN FROM
THE BORROWER AND EACH OTHER GUARANTOR ON AN ONGOING BASIS INFORMATION RELATING
THERETO AND TO THE BORROWER'S AND EACH OTHER GUARANTOR'S ABILITY TO PAY AND
PERFORM ITS RESPECTIVE GUARANTEED OBLIGATIONS, AND AGREES TO ASSUME THE
RESPONSIBILITY FOR KEEPING, AND TO KEEP, SO INFORMED FOR SO LONG AS THIS
GUARANTY IS IN EFFECT.
EACH GUARANTOR ACKNOWLEDGES AND AGREES THAT (X) THE
SECURED CREDITORS SHALL HAVE NO OBLIGATION TO INVESTIGATE THE FINANCIAL
CONDITION OR AFFAIRS OF THE BORROWER OR ANY OTHER GUARANTOR FOR THE BENEFIT OF
SUCH GUARANTOR NOR TO ADVISE SUCH GUARANTOR OF ANY FACT RESPECTING, OR ANY
CHANGE IN, THE FINANCIAL CONDITION, ASSETS OR AFFAIRS OF THE BORROWER OR ANY
OTHER GUARANTOR THAT MIGHT BECOME KNOWN TO ANY SECURED CREDITOR AT ANY TIME,
WHETHER OR NOT SUCH SECURED CREDITOR KNOWS OR BELIEVES OR HAS REASON TO KNOW OR
BELIEVE THAT ANY SUCH FACT OR CHANGE IS UNKNOWN TO SUCH GUARANTOR, OR MIGHT (OR
DOES) INCREASE THE RISK OF SUCH GUARANTOR AS GUARANTOR HEREUNDER, OR MIGHT (OR
WOULD) AFFECT THE WILLINGNESS OF SUCH GUARANTOR TO CONTINUE AS A GUARANTOR OF
THE GUARANTEED OBLIGATIONS HEREUNDER AND (Y) THE SECURED CREDITORS SHALL HAVE NO
DUTY TO ADVISE ANY GUARANTOR OF INFORMATION KNOWN TO THEM REGARDING ANY OF THE
AFOREMENTIONED CIRCUMSTANCES OR RISKS.
(E)
EACH GUARANTOR HEREBY ACKNOWLEDGES AND AGREES THAT NO SECURED
CREDITOR OR ANY OTHER PERSON SHALL BE UNDER ANY OBLIGATION (A) TO MARSHAL ANY
ASSETS IN FAVOR OF SUCH GUARANTOR OR IN PAYMENT OF ANY OR ALL OF THE LIABILITIES
OF THE BORROWER UNDER THE CREDIT DOCUMENTS OR THE OBLIGATION OF SUCH GUARANTOR
HEREUNDER OR (B) TO PURSUE ANY OTHER REMEDY THAT SUCH GUARANTOR MAY OR MAY NOT
BE ABLE TO PURSUE ITSELF ANY RIGHT TO WHICH SUCH GUARANTOR HEREBY WAIVES.
(F)
EACH GUARANTOR WARRANTS AND AGREES THAT EACH OF THE WAIVERS SET
FORTH IN SECTION 3 AND IN THIS SECTION 4 IS MADE WITH FULL KNOWLEDGE OF ITS
SIGNIFICANCE AND CONSEQUENCES AND THAT IF ANY OF SUCH WAIVERS ARE DETERMINED TO
BE CONTRARY TO ANY APPLICABLE LAW OR PUBLIC POLICY, SUCH WAIVERS SHALL BE
EFFECTIVE ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE