Common use of No Limitation of Liability Clause in Contracts

No Limitation of Liability. 4.1. Guarantor acknowledges that the obligations undertaken herein involve the guaranty of obligations of a Person other than Guarantor and, in full recognition of that fact, Guarantor consents and agrees that Lender may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the Liabilities, any security therefor, or any of the Loan Documents evidencing same, and the Guaranty herein made shall apply to the Liabilities and the Loan Documents as so changed, extended, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the Liabilities; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the Liabilities, or any part thereof, or any of the Loan Documents, or any additional security or guaranties, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower or other Persons (including Guarantor) or against any security for the Liabilities; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Documents or the Liabilities, or any part thereof; (vi) accept partial payments on the Liabilities; (vii) receive and hold additional security or guaranties for the Liabilities, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as Lender, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the Liabilities, or any part thereof; (x) settle or compromise any Liabilities, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration and in whatever manner Lender deems appropriate), and subordinate the payment of any of the Liabilities, whether or not due, to the payment of liabilities owing to creditors of Borrower other than Lender and Guarantor; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower or any other Person, and correspondingly restructure the Liabilities, and any such merger, change, restructuring or termination shall not affect the liability of Guarantor or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the Liabilities; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower or any other Person (including Guarantor) in respect of the Liabilities.

No Limitation of Liability. 4.1. Guarantor acknowledges that the obligations undertaken herein involve the guaranty of obligations of a Person other than Guarantor and, in full recognition of that fact, Guarantor consents and agrees that Lender Buyer may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the Liabilities, any security therefor, or any of the Loan Transaction Documents evidencing same, and the Guaranty herein made shall apply to the Liabilities and the Loan Transaction Documents as so changed, extended, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the Liabilities; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the Liabilities, or any part thereof, or any of the Loan Transaction Documents, or any additional security or guaranties, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower Company or other Persons (including Guarantor) or against any security for the Liabilities; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Transaction Documents or the Liabilities, or any part thereof; (vi) accept partial payments on the Liabilities; (vii) receive and hold additional security or guaranties for the Liabilities, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as LenderBuyer, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the Liabilities, or any part thereof; (x) settle or compromise any Liabilities, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration and in whatever manner Lender Buyer deems appropriate), and subordinate the payment of any of the Liabilities, whether or not due, to the payment of liabilities owing to creditors of Borrower Company other than Lender Buyer and Guarantor; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower Company or any other Person, and correspondingly restructure the Liabilities, and any such merger, change, restructuring or termination shall not affect the liability of Guarantor or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the Liabilities; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower Company or any other Person (including Guarantor) in respect of the Liabilities.

No Limitation of Liability. 4.1. Each Guarantor acknowledges that the obligations undertaken herein involve the guaranty of obligations of a Person other than Guarantor Guarantors and, in full recognition of that fact, each Guarantor consents and agrees that Lender may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities Obligations or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the LiabilitiesObligations, any security therefor, or any of the Loan Documents evidencing same, and the Guaranty herein made shall apply to the Liabilities Obligations and the Loan Documents as so changed, extended, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the LiabilitiesObligations; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the LiabilitiesObligations, or any part thereof, or any of the Loan Documents, or any additional security or guaranties, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower or other Persons (including GuarantorGuarantors) or against any security for the LiabilitiesObligations; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Documents or the LiabilitiesObligations, or any part thereof; (vi) accept partial payments on the LiabilitiesObligations; (vii) receive and hold additional security or guaranties for the LiabilitiesObligations, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as Lender, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the LiabilitiesObligations, or any part thereof; (x) settle or compromise any LiabilitiesObligation, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration and in whatever manner Lender deems appropriate), and subordinate the payment of any of the LiabilitiesObligations, whether or not due, to the payment of liabilities owing to creditors of Borrower other than Lender and GuarantorGuarantors; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower or any other Person, and correspondingly restructure the LiabilitiesObligations, and any such merger, change, restructuring or termination shall not affect the liability of Guarantor Guarantors or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the LiabilitiesObligations; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities Obligations and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower or any other Person (including GuarantorGuarantors) in respect of the LiabilitiesObligations.

No Limitation of Liability. 4.1. Guarantor acknowledges that the obligations undertaken herein involve the guaranty of obligations of a Person other than Guarantor and, in full recognition of that fact, Guarantor consents and agrees that Lender may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities Obligations or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the LiabilitiesObligations, any security therefor, or any of the Loan Documents evidencing same, and the Guaranty herein made shall apply to the Liabilities and the Loan Documents Obligations as so changed, extended, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the LiabilitiesObligations; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the LiabilitiesObligations, or any part thereof, or any of the Loan Documents, or any additional security or guaranties, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower or other Persons (including Guarantor) or against any security for the LiabilitiesObligations; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Documents or the LiabilitiesObligations, or any part thereof; (vi) accept partial payments on the LiabilitiesObligations; (vii) receive and hold additional security or guaranties for the LiabilitiesObligations, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as Lender, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the LiabilitiesObligations, or any part thereof; (x) settle or compromise any LiabilitiesObligation and, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration and in whatever manner Lender deems appropriate), and subordinate the payment of any of the LiabilitiesObligations, whether or not due, to the payment of liabilities owing to creditors of Borrower other than Lender and Guarantor; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower or any other Person, and correspondingly restructure the LiabilitiesObligations, and any such merger, change, restructuring or termination shall not affect the liability of Guarantor or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the LiabilitiesObligations; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities Obligations and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower or any other Person (including Guarantor) in respect of the LiabilitiesObligations.

No Limitation of Liability. 4.1. Each Guarantor acknowledges that the obligations undertaken herein involve the guaranty of obligations of a Person other than Guarantor Guarantors and, in full recognition of that fact, each Guarantor consents and agrees that Lender may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities Obligations or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the LiabilitiesObligations, any security therefor, or any of the Loan Documents evidencing same, and the Guaranty herein made shall apply to the Liabilities Obligations and the Loan Documents as so changed, extended, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the LiabilitiesObligations; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the LiabilitiesObligations, or any part thereof, or any of the Loan Documents, or any additional security or guaranties, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower Company or other Persons (including GuarantorGuarantors) or against any security for the LiabilitiesObligations; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Documents or the LiabilitiesObligations, or any part thereof; (vi) accept partial payments on the LiabilitiesObligations; (vii) receive and hold additional security or guaranties for the LiabilitiesObligations, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as Lender, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the LiabilitiesObligations, or any part thereof; (x) settle or compromise any LiabilitiesObligation, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration and in whatever manner Lender deems appropriate), and subordinate the payment of any of the LiabilitiesObligations, whether or not due, to the payment of liabilities owing to creditors of Borrower Company other than Lender and GuarantorGuarantors; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower Company or any other Person, and correspondingly restructure the LiabilitiesObligations, and any such merger, change, restructuring or termination shall not affect the liability of Guarantor Guarantors or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the LiabilitiesObligations; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities Obligations and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower Company or any other Person (including GuarantorGuarantors) in respect of the LiabilitiesObligations.

No Limitation of Liability. 4.1. Guarantor acknowledges that the obligations undertaken herein involve the guaranty of obligations of a Person other than Guarantor and, in full recognition of that fact, Guarantor consents and agrees that Lender Buyer may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities Obligations or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the LiabilitiesObligations, any security therefor, or any of the Loan Transaction Documents evidencing same, and the Guaranty herein made shall apply to the Liabilities Obligations and the Loan Transaction Documents as so changed, extended, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the LiabilitiesObligations; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the LiabilitiesObligations, or any part thereof, or any of the Loan Transaction Documents, or any additional security or guaranties, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower Company or other Persons (including Guarantor) or against any security for the LiabilitiesObligations; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Transaction Documents or the LiabilitiesObligations, or any part thereof; (vi) accept partial payments on the LiabilitiesObligations; (vii) receive and hold additional security or guaranties for the LiabilitiesObligations, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as LenderBuyer, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the LiabilitiesObligations, or any part thereof; (x) settle or compromise any LiabilitiesObligations, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration and in whatever manner Lender Buyer deems appropriate), and subordinate the payment of any of the LiabilitiesObligations, whether or not due, to the payment of liabilities owing to creditors of Borrower Company other than Lender Buyer and Guarantor; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower Company or any other Person, and correspondingly restructure the LiabilitiesObligations, and any such merger, change, restructuring or termination shall not affect the liability of Guarantor or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the LiabilitiesObligations; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities Obligations and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower Company or any other Person (including Guarantor) in respect of the LiabilitiesObligations.

No Limitation of Liability. 4.1. Guarantor acknowledges that the obligations undertaken herein involve the guaranty of obligations of a Person other than Guarantor and, in full recognition of that fact, Guarantor consents and agrees that Lender may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities Obligations or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the LiabilitiesObligations, any security therefor, or any of the Loan Documents evidencing same, and the Guaranty herein made shall apply to the Liabilities Obligations and the Loan Documents as so changed, extended, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the LiabilitiesObligations; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the LiabilitiesObligations, or any part thereof, or any of the Loan Documents, or any additional security or guaranties, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower or other Persons (including Guarantor) or against any security for the LiabilitiesObligations; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Documents or the LiabilitiesObligations, or any part thereof; (vi) accept partial payments on the LiabilitiesObligations; (vii) receive and hold additional security or guaranties for the LiabilitiesObligations, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as Lender, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the LiabilitiesObligations, or any part thereof; (x) settle or compromise any LiabilitiesObligation, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration and in whatever manner Lender deems appropriate), and subordinate the payment of any of the LiabilitiesObligations, whether or not due, to the payment of liabilities owing to creditors of Borrower other than Lender and Guarantor; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower or any other Person, and correspondingly restructure the LiabilitiesObligations, and any such merger, change, restructuring or termination shall not affect the liability of Guarantor or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the LiabilitiesObligations; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities Obligations and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower or any other Person (including Guarantor) in respect of the LiabilitiesObligations.

No Limitation of Liability. 4.1. Guarantor acknowledges that the obligations undertaken herein involve the guaranty of obligations of a Person other than Guarantor and, in full recognition of that fact, Guarantor consents and agrees that Lender TCA may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the Liabilities, any security therefor, or any of the Loan Transaction Documents evidencing same, and the Guaranty herein made shall apply to the Liabilities and the Loan Transaction Documents as so changed, extended, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the Liabilities; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the Liabilities, or any part thereof, or any of the Loan Transaction Documents, or any additional security or guaranties, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower AQLV or other Persons (including Guarantor) or against any security for the Liabilities; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Transaction Documents or the Liabilities, or any part thereof; (vi) accept partial payments on the Liabilities; (vii) receive and hold additional security or guaranties for the Liabilities, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as LenderTCA, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the Liabilities, or any part thereof; (x) settle or compromise any Liabilities, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration and in whatever manner Lender TCA deems appropriate), and subordinate the payment of any of the Liabilities, whether or not due, to the payment of liabilities owing to creditors of Borrower AQLV other than Lender TCA and Guarantor; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower AQLV or any other Person, and correspondingly restructure the Liabilities, and any such merger, change, restructuring or termination shall not affect the liability of Guarantor or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the Liabilities; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower AQLV or any other Person (including Guarantor) in respect of the Liabilities.

No Limitation of Liability. 4.1Guarantor’s liability hereunder shall in no way be limited or impaired by, and Guarantor hereby consents to and agrees to be bound by, any amendment or modification of the provisions of the Credit Agreement, the Notes, the Mortgage, this Guaranty or any other instrument made to or with Lender by Guarantor or Borrower. Guarantor acknowledges In addition, Guarantor’s liability hereunder shall in no way be limited or impaired by (a) any extensions of time for performance required by any of said documents, (b) any sale, assignment or foreclosure of the Notes or the Mortgage (or transfer in lieu thereof) or any sale or transfer of all or part of the Improvements; provided, however, that if the Debt shall be paid in full, Guarantor’s obligations undertaken herein involve and liability under this Guaranty shall cease and terminate and be of no further force or effect, (c) the guaranty accuracy or inaccuracy of obligations the representations and warranties made by Borrower under the Loan Documents or in any Borrower’s Requisition Letter thereunder, (d) the release of a Person other than Guarantor and, in full recognition of that factBorrower, Guarantor consents and agrees that Lender may, at or any time and other person from time to time, without notice performance or demand, and without affecting the enforceability or continuing effectiveness observance of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the Liabilitiesagreements, covenants, terms or conditions contained in any of said instruments by operation of law, Lender’s voluntary act, or otherwise, (e) the release or substitution in whole or in part of any Security, (f) Lender’s failure to record the Mortgage or file any UCC financing statements (or Lender’s improper recording or filing of any thereof) or to otherwise perfect, protect, secure or insure any security therefor, interest or any of lien given as security for the Loan Documents evidencing sameor (g) the invalidity, and the Guaranty herein made shall apply to the Liabilities and the Loan Documents as so changedirregularity or unenforceability, extendedin whole or in part, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the Liabilities; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the Liabilities, or any part thereof, or any of the Loan Documents, or any additional security other instrument or guarantiesagreement executed or delivered to Lender in connection with the Loan, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower or other Persons (including Guarantor) or against any security for the Liabilities; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Documents or the Liabilities, or any part thereof; (vi) accept partial payments on the Liabilities; (vii) receive and hold additional security or guaranties for the Liabilities, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as Lenderand, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the Liabilities, or any part thereof; (x) settle or compromise any Liabilitiessuch case, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration notice to Guarantor (except as may be required by applicable Laws and in whatever manner Lender deems appropriate), Regulations) and subordinate the payment of any of the Liabilities, whether with or not due, to the payment of liabilities owing to creditors of Borrower other than Lender and Guarantor; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower or any other Person, and correspondingly restructure the Liabilities, and any such merger, change, restructuring or termination shall not affect the liability of Guarantor or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the Liabilities; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower or any other Person (including Guarantor) in respect of the Liabilitieswithout consideration.

No Limitation of Liability. 4.1. Each Guarantor acknowledges that the obligations undertaken herein involve the guaranty of obligations of a Person an entity other than Guarantor and, in full recognition of that fact, each Guarantor consents and agrees that Lender Buyer may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities Obligations or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the LiabilitiesObligations, any security therefor, or any of the Loan Transaction Documents evidencing same, and the Guaranty herein made shall apply to the Liabilities Obligations and the Loan Transaction Documents as so changed, extended, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the LiabilitiesObligations; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the LiabilitiesObligations, or any part thereof, or any of the Loan Transaction Documents, or any additional security or guaranties, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower Company or other Persons entities (including each Guarantor) or against any security for the LiabilitiesObligations; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Transaction Documents or the LiabilitiesObligations, or any part thereof; (vi) accept partial payments on the LiabilitiesObligations; (vii) receive and hold additional security or guaranties for the LiabilitiesObligations, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as LenderBuyer, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the LiabilitiesObligations, or any part thereof; (x) settle or compromise any Liabilities, whether in a Proceeding or not, Obligations and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration and in whatever manner Lender Buyer deems appropriate), and subordinate the payment of any of the LiabilitiesObligations, whether or not due, to the payment of liabilities owing to creditors of Borrower Company other than Lender Buyer and each Guarantor; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower Company or any other Personentity, and correspondingly restructure the LiabilitiesObligations, and any such merger, change, restructuring or termination shall not affect the liability of any Guarantor or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the LiabilitiesObligations; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities Obligations and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower Company or any other Person entity (including Guarantorthe Guarantors) in respect of the LiabilitiesObligations.

No Limitation of Liability. 4.1Guarantor's liability hereunder shall in no way be limited or impaired by, and Guarantor hereby consents to and agrees to be bound by, any amendment or modification of the provisions of the Loan Agreement, the Note, the Pledge Agreement, or any other instrument made to or with the Lender by Guarantor or Borrower. Guarantor acknowledges In addition, Guarantor's liability hereunder shall in no way be limited or impaired by (a) any extensions of time for performance required by any of said documents, (b) any sale, assignment or foreclosure of the Note or the Pledge Agreement (or transfer in lieu thereof) or any sale or transfer of all or part of the Improvements or the Collateral, provided, however, that if the Debt shall be paid in full, Guarantor's obligations undertaken herein involve and liability under this Guaranty shall cease and terminate and be of no further force or effect, (c) the guaranty accuracy or inaccuracy of obligations the representations and warranties made by Borrower under the Loan Documents, (d) the release of a Person other than Guarantor andBorrower, in full recognition of that factthe Property Owner, Guarantor consents and agrees that Lender may, at or any time and other person from time to time, without notice performance or demand, and without affecting the enforceability or continuing effectiveness observance of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the Liabilitiesagreements (other than this Guaranty), covenants, terms or conditions contained in any of said instruments by operation of law, the Lender's voluntary act, or otherwise, (e) the release or substitution in whole or in part of any Security, (f) the Lender's failure to file the Financing Statements (or the Lender's improper recording or filing of any thereof) or to otherwise perfect, protect, secure or insure any security therefor, interest or any of Lien given as security for the Loan Documents evidencing sameor (g) the invalidity, and the Guaranty herein made shall apply to the Liabilities and the Loan Documents as so changedirregularity or unenforceability, extendedin whole or in part, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the Liabilities; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the Liabilities, or any part thereof, or any of the Loan Documents, or any additional security other instrument or guarantiesagreement executed or delivered to the Lenders in connection with the Loan, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower or other Persons (including Guarantor) or against any security for the Liabilities; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Documents or the Liabilities, or any part thereof; (vi) accept partial payments on the Liabilities; (vii) receive and hold additional security or guaranties for the Liabilities, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as Lenderand, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the Liabilities, or any part thereof; (x) settle or compromise any Liabilitiessuch case, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration notice to Guarantor (except as may be required pursuant to applicable Laws and in whatever manner Lender deems appropriate), Regulations) and subordinate the payment of any of the Liabilities, whether with or not due, to the payment of liabilities owing to creditors of Borrower other than Lender and Guarantor; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower or any other Person, and correspondingly restructure the Liabilities, and any such merger, change, restructuring or termination shall not affect the liability of Guarantor or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the Liabilities; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower or any other Person (including Guarantor) in respect of the Liabilitieswithout consideration.

No Limitation of Liability. 4.1. Guarantor acknowledges that the obligations undertaken herein involve the guaranty of obligations of a Person other than Guarantor and, in full recognition of that fact, Guarantor consents and agrees that Lender TCA may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the Liabilities, any security therefor, or any of the Loan Transaction Documents evidencing same, and the Guaranty herein made shall apply to the Liabilities and the Loan Transaction Documents as so changed, extended, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the Liabilities; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the Liabilities, or any part thereof, or any of the Loan Transaction Documents, or any additional security or guaranties, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower RXMD or other Persons (including Guarantor) or against any security for the Liabilities; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Transaction Documents or the Liabilities, or any part thereof; (vi) accept partial payments on the Liabilities; (vii) receive and hold additional security or guaranties for the Liabilities, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as LenderTCA, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the Liabilities, or any part thereof; (x) settle or compromise any Liabilities, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration and in whatever manner Lender TCA deems appropriate), and subordinate the payment of any of the Liabilities, whether or not due, to the payment of liabilities owing to creditors of Borrower RXMD other than Lender TCA and Guarantor; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower RXMD or any other Person, and correspondingly restructure the Liabilities, and any such merger, change, restructuring or termination shall not affect the liability of Guarantor or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the Liabilities; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower RXMD or any other Person (including Guarantor) in respect of the Liabilities.

No Limitation of Liability. 4.1Guarantor’s liability hereunder shall in no way be limited or impaired by, and Guarantor hereby consents to and agrees to be bound by, any amendment or modification of the provisions of the Credit Agreement, the Notes, the Mortgage, this Guaranty or any other instrument made to or with Lender by Guarantor or Borrower. Guarantor acknowledges In addition, Guarantor’s liability hereunder shall in no way be limited or impaired by (a) any extensions of time for performance required by any of said documents, (b) any sale, assignment or foreclosure of the Notes or the Mortgage (or transfer in lieu thereof) or any sale or transfer of all or part of the Improvements, provided, however, that if the Debt shall be paid in full, Guarantor’s obligations undertaken herein involve and liability under this Guaranty shall cease and terminate and be of no further force or effect, (c) the guaranty accuracy or inaccuracy of obligations the representations and warranties made by Borrower under the Loan Documents or in any Borrower’s Requisition Letter thereunder, (d) the release of a Person other than Guarantor and, in full recognition of that factBorrower, Guarantor consents and agrees that Lender may, at or any time and other person from time to time, without notice performance or demand, and without affecting the enforceability or continuing effectiveness observance of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the Liabilitiesagreements, covenants, terms or conditions contained in any of said instruments by operation of law, Lender’s voluntary act, or otherwise, (e) the release or substitution in whole or in part of any Security, (f) Lender’s failure to record the Mortgage or file any UCC financing statements (or Lender’s improper recording or filing of any thereof) or to otherwise perfect, protect, secure or insure any security therefor, interest or any of lien given as security for the Loan Documents evidencing sameor (g) the invalidity, and the Guaranty herein made shall apply to the Liabilities and the Loan Documents as so changedirregularity or unenforceability, extendedin whole or in part, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the Liabilities; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the Liabilities, or any part thereof, or any of the Loan Documents, or any additional security other instrument or guarantiesagreement executed or delivered to Lender in connection with the Loan, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower or other Persons (including Guarantor) or against any security for the Liabilities; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Documents or the Liabilities, or any part thereof; (vi) accept partial payments on the Liabilities; (vii) receive and hold additional security or guaranties for the Liabilities, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as Lenderand, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the Liabilities, or any part thereof; (x) settle or compromise any Liabilitiessuch case, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration notice to Guarantor (except as may be required by applicable Laws and in whatever manner Lender deems appropriate), Regulations) and subordinate the payment of any of the Liabilities, whether with or not due, to the payment of liabilities owing to creditors of Borrower other than Lender and Guarantor; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower or any other Person, and correspondingly restructure the Liabilities, and any such merger, change, restructuring or termination shall not affect the liability of Guarantor or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the Liabilities; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower or any other Person (including Guarantor) in respect of the Liabilitieswithout consideration.

No Limitation of Liability. 4.1. Guarantor acknowledges Guarantors acknowledge that the obligations undertaken herein involve the guaranty of obligations of a Person other than Guarantor Guarantors and, in full recognition of that fact, Guarantor consents Guarantors consent and agrees agree that Lender Buyer may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities Obligations or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the LiabilitiesObligations, any security therefor, or any of the Loan Transaction Documents evidencing same, and the Guaranty herein made shall apply to the Liabilities Obligations and the Loan Transaction Documents as so changed, extended, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the LiabilitiesObligations; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the LiabilitiesObligations, or any part thereof, or any of the Loan Transaction Documents, or any additional security or guaranties, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower Company or other Persons (including GuarantorGuarantors) or against any security for the LiabilitiesObligations; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Transaction Documents or the LiabilitiesObligations, or any part thereof; (vi) accept partial payments on the LiabilitiesObligations; (vii) receive and hold additional security or guaranties for the LiabilitiesObligations, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as LenderBuyer, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantorGuarantors, surety, obligor or any other Person who is in any way obligated for any of the LiabilitiesObligations, or any part thereof; (x) settle or compromise any LiabilitiesObligations, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration and in whatever manner Lender Buyer deems appropriate), and subordinate the payment of any of the LiabilitiesObligations, whether or not due, to the payment of liabilities owing to creditors of Borrower Company other than Lender Buyer and GuarantorGuarantors; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower Company or any other Person, and correspondingly restructure the LiabilitiesObligations, and any such merger, change, restructuring or termination shall not affect the liability of Guarantor Guarantors or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the LiabilitiesObligations; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities Obligations and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower Company or any other Person (including GuarantorGuarantors) in respect of the LiabilitiesObligations.

No Limitation of Liability. 4.1. Guarantor acknowledges that the obligations undertaken herein involve the guaranty of obligations of a Person other than Guarantor and, in full recognition of that fact, Guarantor consents and agrees that Lender may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the Liabilities, any security therefor, or any of the Loan Documents evidencing same, and the Guaranty herein made shall apply to the Liabilities and the Loan Documents as so changed, extended, renewed, supplemented or modified; (ii) sellii)sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the Liabilities; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the Liabilities, or any part thereof, or any of the Loan Documents, or any additional security or guaranties, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise iv)exercise or refrain from exercising any rights against Borrower or other Persons (including Guarantor) or against any security for the Liabilities; (v) accept v)accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Documents or the Liabilities, or any part thereof; (vi) accept vi)accept partial payments on the Liabilities; (vii) receive vii)receive and hold additional security or guaranties for the Liabilities, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as Lender, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the Liabilities, or any part thereof; (x) settle or compromise any Liabilities, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration and in whatever manner Lender deems appropriate), and subordinate the payment of any of the Liabilities, whether or not due, to the payment of liabilities owing to creditors of Borrower other than Lender and Guarantor; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower or any other Person, and correspondingly restructure the Liabilities, and any such merger, change, restructuring or termination shall not affect the liability of Guarantor or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the Liabilities; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower or any other Person (including Guarantor) in respect of the Liabilities.

No Limitation of Liability. 4.1. Each Guarantor acknowledges that the obligations undertaken herein involve the guaranty of obligations of a Person other than Guarantor and, in full recognition of that fact, each Guarantor consents and agrees that Lender TCA may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the Liabilities, any security therefor, or any of the Loan Transaction Documents evidencing same, and the Guaranty herein made shall apply to the Liabilities and the Loan Transaction Documents as so changed, extended, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the Liabilities; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the Liabilities, or any part thereof, or any of the Loan Transaction Documents, or any additional security or guaranties, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower CPT or other Persons (including any Guarantor) or against any security for the Liabilities; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Transaction Documents or the Liabilities, or any part thereof; (vi) accept partial payments on the Liabilities; (vii) receive and hold additional security or guaranties for the Liabilities, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as LenderTCA, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the Liabilities, or any part thereof; (x) settle or compromise any Liabilities, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration and in whatever manner Lender TCA deems appropriate), and subordinate the payment of any of the Liabilities, whether or not due, to the payment of liabilities owing to creditors of Borrower CPT other than Lender TCA and any Guarantor; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower CPT or any other Person, and correspondingly restructure the Liabilities, and any such merger, change, restructuring or termination shall not affect the liability of any Guarantor or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the Liabilities; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower CPT or any other Person (including any Guarantor) in respect of the Liabilities.

No Limitation of Liability. 4.1. Each Guarantor acknowledges that the obligations undertaken herein involve the guaranty of obligations of a Person other than Guarantor and, in full recognition of that fact, each Guarantor consents and agrees that Lender TCA may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the Liabilities, any security therefor, or any of the Loan Transaction Documents evidencing same, and the Guaranty herein made shall apply to the Liabilities and the Loan Transaction Documents as so changed, extended, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the Liabilities; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the Liabilities, or any part thereof, or any of the Loan Transaction Documents, or any additional security or guaranties, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower PSID or other Persons (including any Guarantor) or against any security for the Liabilities; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Transaction Documents or the Liabilities, or any part thereof; (vi) accept partial payments on the Liabilities; (vii) receive and hold additional security or guaranties for the Liabilities, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as LenderTCA, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the Liabilities, or any part thereof; (x) settle or compromise any Liabilities, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration and in whatever manner Lender TCA deems appropriate), and subordinate the payment of any of the Liabilities, whether or not due, to the payment of liabilities owing to creditors of Borrower PSID other than Lender TCA and any Guarantor; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower PSID or any other Person, and correspondingly restructure the Liabilities, and any such merger, change, restructuring or termination shall not affect the liability of any Guarantor or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the Liabilities; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower PSID or any other Person (including any Guarantor) in respect of the Liabilities.

No Limitation of Liability. 4.1. Guarantor acknowledges that the obligations undertaken herein involve the guaranty of obligations of a Person other than Guarantor and, in full recognition of that fact, Guarantor consents and agrees that Lender may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities or the interest rate), and/or {25963777;1} change or extend the time for payment of, or renew, supplement or modify, any of the Liabilities, any security therefor, or any of the Loan Documents evidencing same, and the Guaranty herein made shall apply to the Liabilities and the Loan Documents as so changed, extended, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the Liabilities; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the Liabilities, or any part thereof, or any of the Loan Documents, or any additional security or guaranties, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower or other Persons (including Guarantor) or against any security for the Liabilities; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Documents or the Liabilities, or any part thereof; (vi) accept partial payments on the Liabilities; (vii) receive and hold additional security or guaranties for the Liabilities, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as Lender, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the Liabilities, or any part thereof; (x) settle or compromise any Liabilities, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration and in whatever manner Lender deems appropriate), and subordinate the payment of any of the Liabilities, whether or not due, to the payment of liabilities owing to creditors of Borrower other than Lender and Guarantor; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower or any other Person, and correspondingly restructure the Liabilities, and any such merger, change, restructuring or termination shall not affect the liability of Guarantor or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the Liabilities; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower or any other Person (including Guarantor) in respect of the Liabilities.

No Limitation of Liability. 4.1Guarantor’s liability hereunder shall in no way be limited or impaired by, and Guarantor hereby consents to and agrees to be bound by, any amendment or modification of the provisions of the Construction Loan Agreement, the Notes, the Pledge Agreement, or any other instrument made to or with the Lenders by Guarantor or Borrower. Guarantor acknowledges In addition, Guarantor’s liability hereunder shall in no way be limited or impaired by (a) any extensions of time for performance required by any of said documents, (b) any sale, assignment or foreclosure of the Notes or the Pledge Agreement (or transfer in lieu thereof) or any sale or transfer of all or part of the Collateral or the Improvements; provided, however, that if the Debt shall be paid in full, Guarantor’s obligations undertaken herein involve and liability under this Guaranty shall cease and terminate and be of no further force or effect, (c) the guaranty accuracy or inaccuracy of obligations the representations and warranties made by Borrower under the Loan Documents or in any Borrower’s Draw Request thereunder, (d) the release of a Person other than Guarantor andBorrower, in full recognition of that factthe Property Owner, Guarantor consents and agrees that Lender may, at or any time and other person from time to time, without notice performance or demand, and without affecting the enforceability or continuing effectiveness observance of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the Liabilitiesagreements (other than this Guaranty), covenants, terms or conditions contained in any of said instruments by operation of law, the Lenders’ voluntary act, or otherwise, (e) the release or substitution in whole or in part of any Security, (f) the Lenders’ failure to file the Financing Statements (or the Lenders’ improper recording or filing of any thereof) or to otherwise perfect, protect, secure or insure any security therefor, interest or any of Lien given as security for the Loan Documents evidencing sameor (g) the invalidity, and the Guaranty herein made shall apply to the Liabilities and the Loan Documents as so changedirregularity or unenforceability, extendedin whole or in part, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the Liabilities; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the Liabilities, or any part thereof, or any of the Loan Documents, or any additional security other instrument or guarantiesagreement executed or delivered to the Lenders in connection with the Loan, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower or other Persons (including Guarantor) or against any security for the Liabilities; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Documents or the Liabilities, or any part thereof; (vi) accept partial payments on the Liabilities; (vii) receive and hold additional security or guaranties for the Liabilities, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as Lenderand, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the Liabilities, or any part thereof; (x) settle or compromise any Liabilitiessuch case, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration notice to Guarantor (except as may be required pursuant to applicable Laws and in whatever manner Lender deems appropriate), Regulations) and subordinate the payment of any of the Liabilities, whether with or not due, to the payment of liabilities owing to creditors of Borrower other than Lender and Guarantor; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower or any other Person, and correspondingly restructure the Liabilities, and any such merger, change, restructuring or termination shall not affect the liability of Guarantor or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the Liabilities; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower or any other Person (including Guarantor) in respect of the Liabilitieswithout consideration.

No Limitation of Liability. 4.1. Each Guarantor acknowledges that the obligations undertaken herein involve the guaranty of obligations of a Person other than such Guarantor and, in full recognition of that fact, each Guarantor consents and agrees that Lender Buyer may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities Obligations or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the LiabilitiesObligations, any security therefor, or any of the Loan Transaction Documents evidencing same, and the Guaranty herein made shall apply to the Liabilities Obligations and the Loan Transaction Documents as so changed, extended, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the LiabilitiesObligations; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the LiabilitiesObligations, or any part thereof, or any of the Loan Transaction Documents, or any additional security or guaranties, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower Company or other Persons (including against any Guarantor) or against any security for the LiabilitiesObligations; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Transaction Documents or the LiabilitiesObligations, or any part thereof; (vi) accept partial payments on the LiabilitiesObligations; (vii) receive and hold additional security or guaranties for the LiabilitiesObligations, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as LenderBuyer, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the LiabilitiesObligations, or any part thereof; (x) settle or compromise any LiabilitiesObligations, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration and in whatever manner Lender Buyer deems appropriate), and subordinate the payment of any of the LiabilitiesObligations, whether or not due, to the payment of liabilities owing to creditors of Borrower Company other than Lender Buyer and GuarantorGuarantors; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower Company or any other Person, and correspondingly restructure the LiabilitiesObligations, and any such merger, change, restructuring or termination shall not affect the liability of a Guarantor or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the LiabilitiesObligations; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities Obligations and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower Company or any other Person (including any Guarantor) in respect of the LiabilitiesObligations.

No Limitation of Liability. 4.1. Each Guarantor acknowledges that the obligations undertaken herein involve the guaranty of obligations of a Person other than Guarantor the Guarantors and, in full recognition of that fact, each Guarantor consents and agrees that Lender Buyer may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities Obligations or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the LiabilitiesObligations, any security therefor, or any of the Loan Transaction Documents evidencing same, and the Guaranty herein made shall apply to the Liabilities Obligations and the Loan Transaction Documents as so changed, extended, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the LiabilitiesObligations; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the LiabilitiesObligations, or any part thereof, or any of the Loan Transaction Documents, or any additional security or guaranties, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower Company or other Persons (including Guarantorthe Guarantors) or against any security for the LiabilitiesObligations; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Transaction Documents or the LiabilitiesObligations, or any part thereof; (vi) accept partial payments on the LiabilitiesObligations; (vii) receive and hold additional security or guaranties for the LiabilitiesObligations, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as LenderBuyer, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the LiabilitiesObligations, or any part thereof; (x) settle or compromise any LiabilitiesObligations, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration and in whatever manner Lender Buyer deems appropriate), and subordinate the payment of any of the LiabilitiesObligations, whether or not due, to the payment of liabilities owing to creditors of Borrower Company other than Lender Buyer and each Guarantor; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower Company or any other Person, and correspondingly restructure the LiabilitiesObligations, and any such merger, change, restructuring or termination shall not affect the liability of Guarantor the Guarantors or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the LiabilitiesObligations; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities Obligations and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower Company or any other Person (including Guarantorthe Guarantors) in respect of the LiabilitiesObligations.

No Limitation of Liability. 4.1. Guarantor acknowledges that the obligations undertaken herein involve the guaranty of obligations of a Person other than Guarantor and, in full recognition of that fact, Guarantor consents and agrees that Lender Buyers may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the Liabilities, any security therefor, or any of the Loan Transaction Documents evidencing same, and the Guaranty herein made shall apply to the Liabilities and the Loan Transaction Documents as so changed, extended, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the Liabilities; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the Liabilities, or any part thereof, or any of the Loan Transaction Documents, or any additional security or guaranties, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower Company or other Persons (including Guarantor) or against any security for the Liabilities; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Transaction Documents or the Liabilities, or any part thereof; (vi) accept partial payments on the Liabilities; (vii) receive and hold additional security or guaranties for the Liabilities, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as LenderBuyers, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the Liabilities, or any part thereof; (x) settle or compromise any Liabilities, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration and in whatever manner Lender Buyers deems appropriate), and subordinate the payment of any of the Liabilities, whether or not due, to the payment of liabilities owing to creditors of Borrower Company other than Lender Buyers and Guarantor; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower Company or any other Person, and correspondingly restructure the Liabilities, and any such merger, change, restructuring or termination shall not affect the liability of Guarantor or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the Liabilities; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower Company or any other Person (including Guarantor) in respect of the Liabilities.

No Limitation of Liability. 4.1. Guarantor acknowledges that the obligations undertaken herein involve the guaranty of obligations of a Person other than Guarantor and, in full recognition of that fact, Guarantor consents and agrees that Lender TCA may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the Liabilities, any security therefor, or any of the Loan Transaction Documents evidencing same, and the Guaranty herein made shall apply to the Liabilities and the Loan Transaction Documents as so changed, extended, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the Liabilities; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the Liabilities, or any part thereof, or any of the Loan Transaction Documents, or any additional security or guaranties, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower Dynamic or other Persons (including Guarantor) or against any security for the Liabilities; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Transaction Documents or the Liabilities, or any part thereof; (vi) accept partial payments on the Liabilities; (vii) receive and hold additional security or guaranties for the Liabilities, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as LenderTCA, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the Liabilities, or any part thereof; (x) settle or compromise any Liabilities, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration and in whatever manner Lender TCA deems appropriate), and subordinate the payment of any of the Liabilities, whether or not due, to the payment of liabilities owing to creditors of Borrower Dynamic other than Lender TCA and Guarantor; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower Dynamic or any other Person, and correspondingly restructure the Liabilities, and any such merger, change, restructuring or termination shall not affect the liability of Guarantor or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the Liabilities; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower Dynamic or any other Person (including Guarantor) in respect of the Liabilities.

No Limitation of Liability. 4.1Guarantor's liability hereunder shall in no way be limited or impaired by, and Guarantor hereby consents to and agrees to be bound by, any amendment or modification of the provisions of the Loan Agreement, the Note, the Pledge Agreement, or any other instrument made to or with the Lender by Guarantor or Borrower. Guarantor acknowledges In addition, Guarantor's liability hereunder shall in no way be limited or impaired by (a) any extensions of time for performance required by any of said documents, (b) any sale, assignment or foreclosure of the Note or the Pledge Agreement (or transfer in lieu thereof) or any sale or transfer of all or part of the Collateral or the Improvements; provided, however, that if the Debt shall be paid in full, Guarantor's obligations undertaken herein involve and liability under this Guaranty shall cease and terminate and be of no further force or effect, (c) the guaranty accuracy or inaccuracy of obligations the representations and warranties made by Borrower under the Loan Documents, (d) the release of a Person other than Guarantor andBorrower, in full recognition of that factthe Property Owner, Guarantor consents and agrees that Lender may, at or any time and other person from time to time, without notice performance or demand, and without affecting the enforceability or continuing effectiveness observance of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the Liabilitiesagreements (other than this Guaranty), covenants, terms or conditions contained in any of said instruments by operation of law, the Lender's voluntary act, or otherwise, (e) the release or substitution in whole or in part of any Security, (f) the Lender's failure to file the Financing Statements (or the Lender's improper recording or filing of any thereof) or to otherwise perfect, protect, secure or insure any security therefor, interest or any of Lien given as security for the Loan Documents evidencing sameor (g) the invalidity, and the Guaranty herein made shall apply to the Liabilities and the Loan Documents as so changedirregularity or unenforceability, extendedin whole or in part, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the Liabilities; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the Liabilities, or any part thereof, or any of the Loan Documents, or any additional security other instrument or guarantiesagreement executed or delivered to the Lender in connection with the Loan, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower or other Persons (including Guarantor) or against any security for the Liabilities; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Documents or the Liabilities, or any part thereof; (vi) accept partial payments on the Liabilities; (vii) receive and hold additional security or guaranties for the Liabilities, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as Lenderand, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the Liabilities, or any part thereof; (x) settle or compromise any Liabilitiessuch case, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration notice to Guarantor (except as may be required pursuant to applicable Laws and in whatever manner Lender deems appropriate), Regulations) and subordinate the payment of any of the Liabilities, whether with or not due, to the payment of liabilities owing to creditors of Borrower other than Lender and Guarantor; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower or any other Person, and correspondingly restructure the Liabilities, and any such merger, change, restructuring or termination shall not affect the liability of Guarantor or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the Liabilities; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower or any other Person (including Guarantor) in respect of the Liabilitieswithout consideration.

No Limitation of Liability. 4.1. Guarantor acknowledges that the obligations undertaken herein involve the guaranty of obligations of a Person other than Guarantor and, in full recognition of that fact, Guarantor consents and agrees that Lender may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities Obligations or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the LiabilitiesObligations, any security therefor, or any of the Loan Documents evidencing same, and the Guaranty herein made shall apply to the Liabilities Obligations and the Loan Documents as so changed, extended, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the LiabilitiesObligations; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the LiabilitiesObligations, or any part thereof, or any of the Loan Documents, or any additional security or guaranties, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower any Credit Parties or other Persons (including Guarantor) or against any security for the LiabilitiesObligations; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Documents or the LiabilitiesObligations, or any part thereof; (vi) accept partial payments on the LiabilitiesObligations; (vii) receive and hold additional security or guaranties for the LiabilitiesObligations, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as Lender, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the LiabilitiesObligations, or any part thereof; (x) settle or compromise any LiabilitiesObligation, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration and in whatever manner Lender deems appropriate), and subordinate the payment of any of the LiabilitiesObligations, whether or not due, to the payment of liabilities owing to creditors of Borrower any Credit Parties other than Lender and Guarantor; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower any Credit Parties or any other Person, and correspondingly restructure the LiabilitiesObligations, and any such merger, change, restructuring or termination shall not affect the liability of Guarantor or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the LiabilitiesObligations; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities Obligations and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower any Credit Parties or any other Person (including Guarantor) in respect of the LiabilitiesObligations.

No Limitation of Liability. 4.1. Guarantor acknowledges that the obligations undertaken herein involve the guaranty of obligations of a Person other than Guarantor and, in full recognition of that fact, Guarantor consents and agrees that Lender Buyer may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities Obligations or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the LiabilitiesObligations, any security therefor, or any of the Loan Documents Transaction Agreements evidencing same, and the Guaranty herein made shall apply to the Liabilities Obligations and the Loan Documents Transaction Agreements as so changed, extended, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the LiabilitiesObligations; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the LiabilitiesObligations, or any part thereof, or any of the Loan DocumentsTransaction Agreements, or any additional security or guaranties, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower Company or other Persons (including Guarantor) or against any security for the LiabilitiesObligations; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Documents Transaction Agreements or the LiabilitiesObligations, or any part thereof; (vi) accept partial payments on the LiabilitiesObligations; (vii) receive and hold additional security or guaranties for the LiabilitiesObligations, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as LenderBuyer, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the LiabilitiesObligations, or any part thereof; (x) settle or compromise any LiabilitiesObligations, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration and in whatever manner Lender Buyer deems appropriate), and subordinate the payment of any of the LiabilitiesObligations, whether or not due, to the payment of liabilities owing to creditors of Borrower Company other than Lender Buyer and Guarantor; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower Company or any other Person, and correspondingly restructure the LiabilitiesObligations, and any such merger, change, restructuring or termination shall not affect the liability of Guarantor or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the LiabilitiesObligations; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities Obligations and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower Company or any other Person (including Guarantor) in respect of the LiabilitiesObligations.

No Limitation of Liability. 4.1. Guarantor acknowledges Guarantors acknowledge that the obligations undertaken herein involve the guaranty of obligations of a Person other than Guarantor Guarantors and, in full recognition of that fact, Guarantor Guarantors consents and agrees that Lender Buyer may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness of this Guaranty: (i) change the manner, place or terms of payment of (including, without limitation, any increase or decrease in the principal amount of the Liabilities Obligations or the interest rate), and/or change or extend the time for payment of, or renew, supplement or modify, any of the LiabilitiesObligations, any security therefor, or any of the Loan Documents Transaction Agreements evidencing same, and the Guaranty herein made shall apply to the Liabilities Obligations and the Loan Documents Transaction Agreements as so changed, extended, renewed, supplemented or modified; (ii) sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any property securing the LiabilitiesObligations; (iii) supplement, modify, amend or waive, or enter into or give any agreement, approval, waiver or consent with respect to, any of the LiabilitiesObligations, or any part thereof, or any of the Loan DocumentsTransaction Agreements, or any additional security or guaranties, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iv) exercise or refrain from exercising any rights against Borrower Company or other Persons (including GuarantorGuarantors) or against any security for the LiabilitiesObligations; (v) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Documents Transaction Agreements or the LiabilitiesObligations, or any part thereof; (vi) accept partial payments on the LiabilitiesObligations; (vii) receive and hold additional security or guaranties for the LiabilitiesObligations, or any part thereof; (viii) release, reconvey, terminate, waive, abandon, fail to perfect, subordinate, exchange, substitute, transfer and/or enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as LenderBuyer, in its sole and absolute discretion, may determine; (ix) add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or any other Person who is in any way obligated for any of the LiabilitiesObligations, or any part thereof; (x) settle or compromise any LiabilitiesObligations, whether in a Proceeding or not, and whether voluntarily or involuntarily, dispose of any security therefor (with or without consideration and in whatever manner Lender Buyer deems appropriate), and subordinate the payment of any of the LiabilitiesObligations, whether or not due, to the payment of liabilities owing to creditors of Borrower Company other than Lender Buyer and GuarantorGuarantors; (xi) consent to the merger, change or any other restructuring or termination of the corporate existence of Borrower Company or any other Person, and correspondingly restructure the LiabilitiesObligations, and any such merger, change, restructuring or termination shall not affect the liability of Guarantor Guarantors or the continuing effectiveness hereof, or the enforceability hereof with respect to all or any part of the LiabilitiesObligations; (xii) apply any sums it receives, by whomever paid or however realized, to any of the Liabilities Obligations and/or (xiii) take any other action which might constitute a defense available to, or a discharge of, Borrower Company or any other Person (including GuarantorGuarantors) in respect of the LiabilitiesObligations.