6C(4) Lease for 131 S. Michigan St

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due or hereafter to be due, now existing or hereafter owed, or now held or hereafter to be held by Guarantor. Representations. Guarantor hereby represents and warrants to Landlord that: (a) this Guaranty is the legal, valid, and binding obligation of Guarantor, enforceable against Guarantor in accordance with its terms and conditions, (b) there is no action or proceeding at law or in equity, or by or before any court or governmental instrumentality or agency, now pending against or, to the knowledge of Guarantor, threatened against, Guarantor that may materially and adversely affect the financial condition of Guarantor; (c) all balance sheets, earnings statements, and other financial data that have been or hereafter may be furnished to Landlord in connection with this Guaranty do and shall represent fairly the financial condition of Guarantor as of the dates on which, and for the periods for which, such balance sheets, earning statements, and other data are furnished; (d) all other information, reports, and other papers and data furnished to Landlord shall be: (i) accurate and correct in all respects at the time given; and (ii) complete, such that Landlord is given a true and accurate reporting of the subject matter; and (e) Guarantor is solvent. 10. Statements. Guarantor shall provide to Landlord, within ten (]0) days after receipt of a written request from Landlord, financial statements that include such information and certifications with respect to the assets, liabilities, obligations. and income of Guarantor as Landlord reasonably may request from time to time. 11. Miscellaneous. The rights of Landlord are cumulative and shall not be exhausted: (a) by its exercise of any of its rights and remedies against Guarantor under this Guaranty or otherwise; or (b) by any number of successive actions: until and unless each and all of the obligations of Guarantor under this Guaranty have been paid. performed. satisfied. and discharged in full. This Guaranty shall be deemed to have been made under. and shall be governed by, the laws of the State of Indiana in all respects and shall not be modified or amended.. except by a ~a~ritin~ signed by Landlord and Guarantor. This Guaranty shall bind Guarantor and its successors. assigns. and le~~al representatives: and inure to the benefit of al] transferees, credit participants. endorsees. successors. and assigns of Landlord. If the status of Tenant changes, then this Guaranty shall continue, and cover the Obligations of Tenant in its new- status. all according to the terms and conditions hereof. Landlord is relying. and is entitled to rely, upon each and every one of the terms and conditions of this Guaranty. Accordingly. if any terns or condition of this Guaranty is held to be invalid or ineffective. then all other terms and conditions shall continue in full force and effect. All capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Lease. IN WITNESS ~'~ HEREOF, Guarantor has executed this Guaranty as of the day of , 2010. Si~~nature: Printed Name: