BE ALL
ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT
RELATE TO THE SUBJECT MATTER OF THIS GUARANTY, INCLUDING WITHOUT LIMITATION,
CONTRACT CLAIMS, TORT CLAIMS, BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON LAW
AND STATUTORY CLAIMS. THE PARTIES HERETO ACKNOWLEDGE THAT THIS WAIVER IS A
MATERIAL INDUCEMENT TO ENTER INTO A BUSINESS RELATIONSHIP, THAT EACH HAS ALREADY
RELIED ON THE WAIVER IN ENTERING INTO THIS GUARANTY AND THAT EACH WILL CONTINUE
TO RELY ON THE WAIVER IN THEIR RELATED FUTURE DEALINGS. THE PARTIES HERETO
FURTHER WARRANT AND REPRESENT THAT EACH HAS REVIEWED THIS WAIVER WITH ITS LEGAL
COUNSEL, AND THAT EACH KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS
FOLLOWING CONSULTATION WITH LEGAL COUNSEL. THIS WAIVER IS IRREVOCABLE, MEANING
THAT IT MAY NOT BE MODIFIED EITHER ORALLY OR IN WRITING, AND THE WAIVER SHALL
APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO
THE COBANK LOAN DOCUMENTS, OR TO ANY OTHER DOCUMENTS OR AGREEMENTS RELATING TO
THE COBANK LOAN. IN THE EVENT OF LITIGATION, THIS GUARANTY, MAY BE FILED AS A
WRITTEN CONSENT TO A TRIAL BY THE COURT. THE PARTIES HERETO ALSO WAIVE ANY BOND
OR SURETY OR SECURITY UPON SUCH BOND WHICH MIGHT, BUT FOR THIS WAIVER, BE
REQUIRED OF COBANK.
[Signatures appear on following page]
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IN WITNESS WHEREOF, Guarantor, intending to be legally bound hereby, has caused
this Guaranty to be executed and delivered and attested under seal by its duly
authorized officers as of the day and year first above written.
[CORPORATE SEAL]
KNOLOGY Broadband, Inc., as Guarantor
By: /s/ Rodger L. Johnson
Name: Rodger L. Johnson
Title: President and CEO
[Signature Pages Continue]
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Continuing Guaranty/Knology Broadband, Inc.
Loan No. ML0883T1
ACKNOWLEDGED AND AGREED:
[CORPORATE SEAL]
COBANK, ACB
By: /s/ Rick Freeman
Name: Rick Freeman
Title: Vice President
[Signature Pages Continue]
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Continuing Guaranty/Knology Broadband, Inc.
Loan No. ML0883T1
ACKNOWLEDGED AND AGREED:
[CORPORATE SEAL]
WACHOVIA BANK, NATIONAL
ASSOCIATION, as Administrative Agent
By: Franklin M. Wessinger
Name: Franklin M. Wessinger
Title: Managing Director
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