APPLICABLE FOR ALL PURPOSES OF THIS CONTINUING GUARANTY
AND ALL AMENDMENTS AND SUPPLEMENTS HERETO EXCEPT AS OTHERWISE EXPRESSLY PROVIDED
OR UNLESS THE CONTEXT OTHERWISE REQUIRES:
(A)
CAPITALIZED TERMS USED IN THIS CONTINUING GUARANTY,
UNLESS OTHERWISE DEFINED HEREIN, SHALL HAVE THE MEANINGS ASSIGNED TO THEM IN THE
LOAN AGREEMENT;
(B)
THE TERMS USED HEREIN SHALL, UNLESS THE CONTEXT
OTHERWISE REQUIRES, INCLUDE THE PLURAL AS WELL AS THE SINGULAR, AND VICE VERSA;
AND TERMS IMPORTING ANY GENDER SHALL INCLUDE THE OTHER GENDER;
(C)
ALL REFERENCES IN THIS CONTINUING GUARANTY TO
DESIGNATED SECTIONS, PARAGRAPHS, OTHER SUBDIVISIONS, SCHEDULES, EXHIBITS AND
OTHER ATTACHMENTS ARE TO THE DESIGNATED SECTIONS, PARAGRAPHS, SUBDIVISIONS,
SCHEDULES, EXHIBITS AND ATTACHMENTS OF THIS CONTINUING GUARANTY, UNLESS
OTHERWISE SPECIFICALLY PROVIDED;
(D)
THE TERMS "HEREOF," "HEREIN," "HERETO," "HEREUNDER"
AND THE LIKE MEAN AND REFER TO THIS CONTINUING GUARANTY AS A WHOLE AND NOT
MERELY TO THE SPECIFIC SECTION, ARTICLE, PARAGRAPH OR CLAUSE IN WHICH THE
RESPECTIVE TERM APPEARS;
(E)
THE TERM "PERSON" INCLUDES NATURAL
PERSONS, CORPORATIONS, LIMITED LIABILITY COMPANIES, LIMITED PARTNERSHIPS,
LIMITED LIABILITY PARTNERSHIPS, GENERAL PARTNERSHIPS, JOINT STOCK COM­PANIES,
JOINT VENTURES, ASSOCIATIONS, COMPANIES, TRUSTS, BANKS, TRUST COMPANIES, LAND
TRUSTS, BUSINESS TRUSTS OR OTHER ORGANIZATIONS, WHETHER OR NOT LEGAL ENTITIES,
AND GOVERNMENTS AND AGENCIES AND POLITICAL SUBDIVISIONS THEREOF AND THEIR
RESPECTIVE PERMITTED SUCCESSORS AND ASSIGNS (OR IN THE CASE OF A GOVERNMENTAL
PERSON, THE SUCCESSOR FUNCTIONAL EQUIVALENT OF SUCH PERSON);
2
Amended and Restated Continuing Guaranty
Loan No. RX0583
(F)
THE TERM "WRITING" SHALL INCLUDE PRINTING, TYPING,
LITHOGRAPHY AND OTHER MEANS OF REPRODUCING WORDS IN A TANGIBLE VISIBLE FORM;
(G)
REFERENCES TO AGREEMENTS AND OTHER CONTRACTUAL
INSTRUMENTS SHALL BE DEEMED TO INCLUDE SUBSEQUENT AMENDMENTS, ASSIGNMENTS,
EXTENSIONS, RENEWALS, AND OTHER MODIFICATIONS THERETO, BUT ONLY TO THE EXTENT
SUCH AMENDMENTS, ASSIGNMENTS, EXTENSIONS, RENEWALS AND OTHER MODIFICATIONS ARE
NOT PROHIBITED BY THE TERMS OF THIS THE LOAN AGREEMENT OR ANY OTHER LOAN
DOCUMENT;
(H)
ALL REFERENCES TO STATUTES AND RELATED REGULATIONS
SHALL INCLUDE ANY AMENDMENTS OF SAME AND ANY SUCCESSOR STATUTES AND REGULATIONS;
(I)
THE TERMS "INCLUDING," "INCLUDES" AND "INCLUDE"
SHALL BE DEEMED TO BE FOLLOWED BY THE WORDS "WITHOUT LIMITATION";
(J)
THE TERM "BANKRUPTCY CODE" MEANS TITLE 11 OF THE
UNITED STATES CODE ENTITLED "BANKRUPTCY," OR ANY APPLICABLE BANKRUPTCY,
INSOLVENCY OR OTHER SIMILAR FEDERAL OR STATE LAW NOW OR HEREAFTER IN EFFECT AND
ALL RULES AND REGULATIONS PROMULGATED THEREUNDER; AND
(K)
THE TERM "OTHER DEBTOR RELIEF LAW" MEANS,
COLLECTIVELY, ANY LAW, STATUTE OR REGULATION OTHER THAN THE BANKRUPTCY CODE
RELATING TO DISSOLUTION, LIQUIDATION, CONSERVATORSHIP, BANKRUPTCY, MORATORIUM,
READJUSTMENT OF DEBT, COMPROMISE, REARRANGEMENT, RECEIVERSHIP, INSOLVENCY,
REORGANIZATION OR SIMILAR DEBTOR RELIEF FROM TIME TO TIME IN EFFECT AFFECTING
THE RIGHTS OF CREDITORS GENERALLY.
SECTION 2.
OBLIGATIONS.
"OBLIGATIONS" SHALL MEAN, COLLECTIVELY,
(A) ALL OBLIGATIONS, LIABILITIES AND INDEBTEDNESS OF EVERY NATURE OF BORROWER
AND ALL OTHER LOAN PARTIES UNDER THE LOAN DOCUMENTS (INCLUDING ANY INTEREST RATE
AGREEMENT PROVIDED BY COBANK) FROM TIME TO TIME OWED TO COBANK OR ANY INDEMNITEE
AND (B) ALL OTHER OBLIGATIONS, LIABILITIES AND INDEBTEDNESS OF EVERY NATURE OF
BORROWER FROM TIME TO TIME OWED TO COBANK REGARDLESS