BANK THE FINANCIAL INFORMATION AND
DOCUMENTATION CONCERNING GUARANTOR AS MORE PARTICULARLY DESCRIBED IN A CREDIT
AND SECURITY AGREEMENT BEING EXECUTED BY BANK, BORROWER AND GUARANTOR ON OR
ABOUT THE DATE HEREOF.
(B)
GUARANTOR WILL FURNISH PROMPTLY TO BANK SUCH ADDITIONAL
INFORMATION CONCERNING ANY GUARANTOR AS BANK MAY REASONABLY REQUEST, OR IF BANK
ISSUES A REQUEST FOR UPDATES TO ANY FINANCIAL INFORMATION THAT GUARANTOR HAS
PREVIOUSLY PROVIDED TO BANK, GUARANTOR SHALL PROMPTLY PROVIDE BANK WITH AN
UPDATE TO SUCH FINANCIAL INFORMATION ON BANK'S STANDARD FORM, OR IN ANOTHER
FORMAT THAT IS REASONABLY SATISFACTORY TO BANK.
5.
INTENTIONALLY DELETED
6.
PAYMENT AND PERFORMANCE; SUBORDINATION OF INDEMNITY AND
CONTRIBUTION RIGHTS.
THIS IS A GUARANTY OF PAYMENT AND PERFORMANCE, AND NOT A
GUARANTEE OF COLLECTION, AND WILL NOT BE AFFECTED BY THE RELEASE OR DISCHARGE OF
BORROWER FROM, OR IMPAIRMENT OR MODIFICATION OF, BORROWER'S OBLIGATIONS WITH
RESPECT TO ANY OF THE OBLIGATIONS IN ANY BANKRUPTCY, RECEIVERSHIP, OR OTHER
INSOLVENCY PROCEEDING OR OTHERWISE.
IN THE EVENT OF DEFAULT BY BORROWER IN
PAYMENT OR PERFORMANCE OF THE OBLIGATIONS, OR ANY PART THEREOF, WHEN SUCH
OBLIGATIONS BECOME DUE, WHETHER BY ITS TERMS, BY ACCELERATION, OR OTHERWISE,
GUARANTOR SHALL PROMPTLY PAY THE AMOUNT DUE THEREON TO BANK WITHOUT NOTICE OR
DEMAND IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED IN THIS GUARANTY,
GUARANTOR HEREBY
IRREVOCABLY SUBORDINATES AND ABATES, UNTIL THE OBLIGATIONS HAVE BEEN REPAID IN
FULL, ANY AND ALL RIGHTS IT MAY NOW OR HEREAFTER HAVE UNDER ANY AGREEMENT OR AT
LAW OR IN EQUITY (INCLUDING, WITHOUT LIMITATION, ANY LAW SUBROGATING GUARANTOR
TO THE RIGHTS OF BANK) TO ASSERT ANY CLAIM AGAINST OR SEEK CONTRIBUTION,
INDEMNIFICATION OR ANY OTHER FORM OF REIMBURSEMENT FROM BORROWER OR ANY OTHER
PARTY LIABLE FOR PAYMENT OF ANY OR ALL OF THE OBLIGATIONS FOR ANY PAYMENT MADE
BY GUARANTOR UNDER OR IN CONNECTION WITH THIS GUARANTY OR OTHERWISE.
NOTWITHSTANDING THE FOREGOING, IF GUARANTOR IS OR BECOMES AN "INSIDER" (AS
DEFINED FROM TIME TO TIME IN SECTION 101 OF THE U.S. BANKRUPTCY CODE) WITH
RESPECT TO BORROWER, THEN GUARANTOR IRREVOCABLY AND ABSOLUTELY WAIVES ANY AND
ALL RIGHTS OR SUBROGATION, CONTRIBUTION, INDEMNIFICATION, REIMBURSEMENT OR
SIMILAR RIGHTS AGAINST BORROWER WITH RESPECT TO THE OBLIGATIONS AND THIS
CONTINUING GUARANTY, WHETHER SUCH RIGHTS ARISE UNDER AN EXPRESS OR IMPLIED
CONTRACT OR BY OPERATION OF LAW, IT BEING THE INTENTION OF GUARANTOR AND BANK
THAT GUARANTOR WILL NOT BE DEEMED TO BE A "CREDITOR" (AS DEFINED IN SECTION 101
OF THE U.S. BANKRUPTCY CODE) OF BORROWER BY REASON OF THE EXISTENCE OF THIS
GUARANTY IN THE EVENT THAT BORROWER BECOMES A DEBTOR IN ANY PROCEEDING UNDER THE
U.S. BANKRUPTCY CODE.
7.
JOINT AND SEVERAL LIABILITY.
IF THIS GUARANTY IS EXECUTED
BY MORE THAN ONE PERSON, EACH PERSON IS BOUND BY ALL OF THE PROVISIONS OF THIS
GUARANTY AND IS JOINTLY AND SEVERALLY LIABLE FOR THE PAYMENT IN FULL OF THE
OBLIGATIONS (SUBJECT ONLY TO ANY DOLLAR OR PERCENTAGE LIMITATION AS PROVIDED
HEREIN) AS IF SUCH PERSON WAS THE ONLY PERSON EXECUTING THIS