due or hereafter to be due, now existing or hereafter owed, or now held or hereafter to be held by
<br />Guarantor.
<br />9. Representations. Guarantor hereby represents and warrants to Landlord that: (a) this Guaranty is the legal,
<br />valid, and binding obligation of Guarantor, enforceable against Guarantor in accordance with its terms and
<br />conditions; (b) there is no action or proceeding at law or in equity, or by or before any court or
<br />governmental instrumentality or agency, now pending against or, to the knowledge of Guarantor,
<br />threatened against, Guarantor that may materially and adversely affect the financial condition of Guarantor,
<br />(c) all balance sheets, earnings statements, and other financial data that have been or hereafter may be
<br />furnished to Landlord in connection with this Guaranty do and shall represent fairly the financial condition
<br />of Guarantor as of the dates on which, and for the periods for which, such balance sheets, earning
<br />statements, and other data are furnished; (d) all other information, reports, and other papers and data
<br />furnished to Landlord shall be: (i) accurate and correct in all respects at the time given; and (ii) complete,
<br />such that Landlord is given a true and accurate reporting of the subject matter, and (e) Guarantor is
<br />solvent.
<br />10. Statements. Guarantor shall provide to Landlord, within ten (10) days after receipt of a written request
<br />from Landlord, financial statements that include such information and certifications with respect to the
<br />assets, liabilities, obligations, and income of Guarantor as Landlord reasonably may request from time to
<br />time.
<br />11. Miscellaneous. The rights of Landlord are cumulative and shall not be exhausted: (a) by its exercise of any
<br />of its rights and remedies against Guarantor under this Guaranty or otherwise; or (b) by any number of
<br />successive actions; until and unless each and all of the obligations of Guarantor under this Guaranty have
<br />been paid, performed, satisfied, and discharged in full. This Guaranty shall be deemed to have been made
<br />under, and shall be governed by, the laws of the State of Indiana in all respects and shall not be modified or
<br />amended, except by a writing signed by Landlord and Guarantor. This Guaranty shall bind Guarantor and
<br />its successors, assigns, and legal representatives; and inure to the benefit of all transferees, credit
<br />participants, endorsees, successors, and assigns of Landlord. If the status of Tenant changes, then this
<br />Guaranty shall continue, and cover the Obligations of Tenant in its new status, all according to the terms
<br />and conditions hereof. Landlord is relying, and is entitled to rely, upon each and every one of the terms and
<br />conditions of this Guaranty. Accordingly, if any term or condition of this Guaranty is held to be invalid or
<br />ineffective, then all other terms and conditions shall continue in full force and effect. All capitalized terms
<br />used but not defined herein shall have the meanings ascribed to such terms in the Lease.
<br />IN WITNESS WHEREOF, Guarantor has executed this Guaranty as of the day of , 20
<br />Printed
<br />
|