TO DEPARTURE FROM ANY LOAN DOCUMENT, INCLUDING, WITHOUT
LIMITATION, ANY INCREASE IN THE GUARANTEED OBLIGATIONS RESULTING FROM THE
EXTENSION OF ADDITIONAL CREDIT TO ANY LOAN PARTY OR ANY OF ITS SUBSIDIARIES OR
OTHERWISE;
73
(C)
ANY TAKING, EXCHANGE, RELEASE OR NONPERFECTION OF ANY COLLATERAL,
OR ANY TAKING, RELEASE OR AMENDMENT OR WAIVER OF OR CONSENT TO DEPARTURE FROM
ANY SUBSIDIARY GUARANTY OR ANY OTHER GUARANTY, FOR ALL OR ANY OF THE GUARANTEED
OBLIGATIONS;
(D)
ANY MANNER OF APPLICATION OF COLLATERAL, OR PROCEEDS THEREOF, TO
ALL OR ANY OF THE GUARANTEED OBLIGATIONS, OR ANY MANNER OF SALE OR OTHER
DISPOSITION OF ANY COLLATERAL FOR ALL OR ANY OF THE GUARANTEED OBLIGATIONS OR
ANY OTHER OBLIGATIONS OF ANY LOAN PARTY UNDER THE LOAN DOCUMENTS, OR ANY OTHER
PROPERTY AND ASSETS OF ANY OTHER LOAN PARTY OR ANY OF ITS SUBSIDIARIES;
(E)
ANY CHANGE, RESTRUCTURING OR TERMINATION OF THE CORPORATE
STRUCTURE OR EXISTENCE OF ANY OTHER LOAN PARTY OR ANY OF ITS SUBSIDIARIES;
(F)
ANY FAILURE OF THE ADMINISTRATIVE AGENT OR ANY OTHER SECURED
PARTY TO DISCLOSE TO ANY LOAN PARTY ANY INFORMATION RELATING TO THE FINANCIAL
CONDITION, OPERATIONS, PROPERTIES OR PROSPECTS OF ANY OTHER LOAN PARTY NOW OR
HEREAFTER KNOWN TO THE ADMINISTRATIVE AGENT OR SUCH OTHER SECURED PARTY, AS THE
CASE MAY BE (SUCH GUARANTOR WAIVING ANY DUTY ON THE PART OF THE SECURED PARTIES
TO DISCLOSE SUCH INFORMATION);
(G)
THE FAILURE OF ANY OTHER PERSON TO EXECUTE THIS GUARANTY OR ANY
OTHER GUARANTEE OR AGREEMENT OF THE RELEASE OR REDUCTION OF THE LIABILITY OF ANY
OF THE OTHER LOAN PARTIES OR ANY OTHER GUARANTOR OR SURETY WITH RESPECT TO THE
GUARANTEED OBLIGATIONS; OR
(H)
ANY OTHER CIRCUMSTANCE (INCLUDING, WITHOUT LIMITATION, ANY STATUTE
OF LIMITATIONS OR ANY EXISTENCE OF OR RELIANCE ON ANY REPRESENTATION BY THE
ADMINISTRATIVE AGENT OR ANY OTHER SECURED PARTY) THAT MIGHT OTHERWISE CONSTITUTE
A DEFENSE AVAILABLE TO, OR A DISCHARGE OF, SUCH GUARANTOR, ANY OTHER LOAN PARTY
OR ANY OTHER GUARANTOR OR SURETY OTHER THAN PAYMENT IN FULL IN CASH OF THE
GUARANTEED OBLIGATIONS.
This Guaranty shall continue to be effective or be reinstated, as the case may
be, if at any time any payment of any of the Guaranteed Obligations is rescinded
or must otherwise be returned by the Administrative Agent or any other Secured
Party or by any other Person upon the insolvency, bankruptcy or reorganization
of any Loan Party or otherwise, all as though such payment had not been made.
Section 8.03
Waivers and Acknowledgments.
(A)
EACH GUARANTOR HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVES
PROMPTNESS, DILIGENCE, NOTICE OF ACCEPTANCE, PRESENTMENT, DEMAND FOR
PERFORMANCE, NOTICE OF NONPERFORMANCE, DEFAULT, ACCELERATION, PROTEST OR
DISHONOR AND ANY OTHER NOTICE WITH RESPECT TO ANY OF THE GUARANTEED OBLIGATIONS
AND THIS GUARANTY, AND ANY REQUIREMENT THAT THE ADMINISTRATIVE AGENT OR ANY
OTHER SECURED PARTY PROTECT, SECURE, PERFECT OR INSURE ANY LIEN OR ANY PROPERTY
OR ASSETS SUBJECT THERETO OR EXHAUST ANY RIGHT OR TAKE ANY ACTION AGAINST ANY
OTHER LOAN PARTY OR ANY OTHER PERSON OR ANY COLLATERAL.
(B)
EACH