Common use of Ratification of Guaranties Clause in Contracts

Ratification of Guaranties. Each of the Guarantors hereby acknowledges and consents to all of the terms and conditions of this Amendment and the Revolving Note and hereby ratifies and confirms the Guaranty Agreement to which it is a party to or for the benefit of the Bank. Each of the Guarantors hereby represents and acknowledges that it has no claims, counterclaims, offsets, credits or defenses to the Loan Documents or the performance of its obligations thereunder. Furthermore, each Guarantor agrees that nothing contained in this Amendment or the Revolving Note shall adversely affect any right or remedy of the Bank under the Guaranty Agreement to which such Guarantor is a party. Each Guarantor hereby agrees that with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to the "Guaranteed Obligations" shall include, without limitation, the obligations of Borrower to Bank under the Agreement, as amended hereby, and under the Revolving Note. Each Guarantor hereby also agrees that with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to (i) "First Interstate Bank of Texas, N.A." shall be deemed references to "▇▇▇▇▇ Fargo Bank Texas, National Association" and (ii) the Bank's notice address shall be deemed references to "▇▇▇▇▇ Fargo Bank Texas, National Association, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇". Finally, each of the Guarantors hereby represents and acknowledges that the execution and delivery of this Amendment and the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty Agreement (except as specifically provided in this Section 5.02) and shall not constitute a waiver by the Bank of any of the Bank's rights against such Guarantor.

Ratification of Guaranties. Each of the Guarantors hereby acknowledges and consents to all of the terms and conditions of this Amendment and the Revolving Note and hereby ratifies and confirms the Guaranty Agreement to which it is a party to or for the benefit of the Bank. Each of the Guarantors hereby represents and acknowledges that it has no claims, counterclaims, offsets, credits or defenses to the Loan Documents or the performance of its obligations thereunder. Furthermore, each Guarantor agrees that nothing contained in this Amendment or the Revolving Note shall adversely affect any right or remedy of the Bank under the Guaranty Agreement to which such Guarantor is a party. Each Guarantor hereby agrees that with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to the "Guaranteed Obligations" shall include, without limitation, the obligations of Borrower to Bank under the AgreementAmendment, as amended hereby, and under the Revolving Note. Each Guarantor hereby also agrees that with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to (i) "First Interstate Bank of Texas, N.A." shall be deemed references to "▇▇▇▇▇ Fargo Bank Texas, National Association" and (ii) the Bank's notice address shall be deemed references amended to read "▇▇▇▇▇ Fargo Bank Texas, National Association, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇". Finally, each of the Guarantors hereby represents and acknowledges that the execution and delivery of this Amendment and the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty Agreement (except as specifically provided in this Section 5.02) 5.02 and shall not constitute a waiver by the Bank of any of the Bank's rights against such Guarantor.

Ratification of Guaranties. Each As a material inducement to Lender to enter into this Third Amendment, each Guarantor hereby agrees as follows: (a) Guarantor acknowledges the continuing validity and effectiveness of the Guarantors Guaranty Agreement and any other agreements, documents, or instruments securing or otherwise relating to the Guaranties previously executed and delivered by Guarantor (including without limitation any environmental indemnity agreement); (b) Guarantor hereby acknowledges joins in this Third Amendment for the purpose of consenting to: (i) this Third Amendment and consents to all of the other matters, terms and conditions of stated in this Amendment Third Amendment, and the Revolving Note and hereby ratifies and confirms the Guaranty Agreement to which it is a party to any other agreement, instrument or for the benefit of the Bank. Each of the Guarantors hereby represents and acknowledges that it has no claims, counterclaims, document executed simultaneously herewith; (c) No offsets, credits defenses or defenses counterclaims exist with respect to the Loan Documents or the performance of its Guarantor’s obligations thereunder. Furthermore, each Guarantor agrees that nothing contained in this Amendment or the Revolving Note shall adversely affect any right or remedy of the Bank under the Guaranty Agreement to which such Guarantor is a party. Each Guarantor hereby agrees that with respect Agreement; (d) Guarantor, to the fullest extent permitted by law, hereby waives any claim or other right which Guarantor might now have or hereafter may acquire against Borrower, which arises from the existence or performance of Guarantors’ liability or other obligations under each Guaranty Agreement to which it is a partyGuarantors have executed in favor of Lender, all references in such Guaranty Agreement to the "Guaranteed Obligations" shall includeincluding, without limitation, the obligations any right of Borrower to Bank under the Agreementsubrogation, as amended herebyreimbursement, exoneration, contribution, indemnification, and any right to participate in any claim or remedy of Lender against Borrower or any of the Collateral or any other property securing the Loan, whether or not such claim, remedy, or right arises in equity, or under the Revolving Note. Each contract, statute, or common law; and (e) The execution, delivery, and performance by Guarantor hereby also agrees that with respect to the Guaranty Agreement to which it is a party, of this Third Amendment and all references in such Guaranty Agreement to documents and agreements of Guarantor relating hereto (i) "First Interstate Bank are within the duly authorized power of TexasGuarantor, N.A." shall be deemed references to "▇▇▇▇▇ Fargo Bank Texas, National Association" and (ii) the Bank's notice address shall be deemed references to "▇▇▇▇▇ Fargo Bank Texashave been duly authorized by all requisite action, National Associationand (iii) will not violate any provision of law, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇". Finally, each of the Guarantors hereby represents and acknowledges that the execution and delivery of this Amendment and the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty Agreement (except as specifically provided in this Section 5.02) and shall not constitute a waiver by the Bank any order of any court or other agency of government, or the Bank's rights against such Guarantorterms and provisions of any court or other agency of government, or the terms and provisions of any agreement with any third party or any instrument under which Guarantor is organized and constituted.

Ratification of Guaranties. Each As a material inducement to Lender to enter into this Fourth Amendment, each Guarantor hereby agrees as follows: (a) Guarantor acknowledges the continuing validity and effectiveness of the Guarantors Guaranty Agreement and any other agreements, documents, or instruments securing or otherwise relating to the Guaranties previously executed and delivered by Guarantor (including without limitation any environmental indemnity agreement); (b) Guarantor hereby acknowledges joins in this Fourth Amendment for the purpose of consenting to: (i) this Fourth Amendment and consents to all of the other matters, terms and conditions of stated in this Amendment Fourth Amendment, and the Revolving Note and hereby ratifies and confirms the Guaranty Agreement to which it is a party to any other agreement, instrument or for the benefit of the Bank. Each of the Guarantors hereby represents and acknowledges that it has no claims, counterclaims, document executed simultaneously herewith; (c) No offsets, credits defenses or defenses counterclaims exist with respect to the Loan Documents or the performance of its Guarantor’s obligations thereunder. Furthermore, each Guarantor agrees that nothing contained in this Amendment or the Revolving Note shall adversely affect any right or remedy of the Bank under the Guaranty Agreement to which such Guarantor is a party. Each Guarantor hereby agrees that with respect Agreement; (d) Guarantor, to the fullest extent permitted by law, hereby waives any claim or other right which Guarantor might now have or hereafter may acquire against Borrower, which arises from the existence or performance of Guarantors’ liability or other obligations under each Guaranty Agreement to which it is a partyGuarantors have executed in favor of Lender, all references in such Guaranty Agreement to the "Guaranteed Obligations" shall includeincluding, without limitation, the obligations any right of Borrower to Bank under the Agreementsubrogation, as amended herebyreimbursement, exoneration, contribution, indemnification, and any right to participate in any claim or remedy of Lender against Borrower or any of the Collateral or any other property securing the Loan, whether or not such claim, remedy, or right arises in equity, or under the Revolving Note. Each contract, statute, or common law; and (e) The execution, delivery, and performance by Guarantor hereby also agrees that with respect to the Guaranty Agreement to which it is a party, of this Fourth Amendment and all references in such Guaranty Agreement to documents and agreements of Guarantor relating hereto (i) "First Interstate Bank are within the duly authorized power of TexasGuarantor, N.A." shall be deemed references to "▇▇▇▇▇ Fargo Bank Texas, National Association" and (ii) the Bank's notice address shall be deemed references to "▇▇▇▇▇ Fargo Bank Texashave been duly authorized by all requisite action, National Associationand (iii) will not violate any provision of law, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇". Finally, each of the Guarantors hereby represents and acknowledges that the execution and delivery of this Amendment and the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty Agreement (except as specifically provided in this Section 5.02) and shall not constitute a waiver by the Bank any order of any court or other agency of government, or the Bank's rights against such Guarantorterms and provisions of any court or other agency of government, or the terms and provisions of any agreement with any third party or any instrument under which Guarantor is organized and constituted.

Ratification of Guaranties. Each of the Guarantors hereby acknowledges and consents to all of the terms and conditions of this Amendment and the Revolving Note and hereby ratifies and confirms the Guaranty Agreement to which it is a party to or for the benefit of the BankBank and all of its obligations thereunder. Each of the Guarantors hereby represents and acknowledges that it has not revoked, terminated, limited or otherwise modified its obligations under the Guaranty Agreement executed by it in any way and that it has no claims, counterclaims, offsets, credits or defenses to the Guaranty Agreement executed by it or to the other Loan Documents to which it is a party or the performance of its obligations thereunder, all of which obligations are legal, valid and binding in accordance with their terms. Furthermore, each Guarantor agrees that nothing contained in this Amendment or the Revolving Note shall adversely affect any right or remedy of the Bank under the Guaranty Agreement to which such Guarantor is a party. Each Guarantor hereby agrees that that, with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to the "“Guaranteed Obligations" ” shall include, without limitation, the obligations of the Borrower to the Bank under the Agreement, as amended hereby, and under all indebtedness evidenced by the Revolving Note. Each Guarantor hereby also agrees that with respect Note dated as of November 18, 2009, in the maximum original principal amount of $200,000,000 made by the Borrower payable to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to (i) "First Interstate Bank order of Texas, N.A." shall be deemed references to "▇▇▇▇▇ Fargo Bank Texas, National Association" and (ii) the Bank's notice address shall be deemed references to "▇▇▇▇▇ Fargo Bank Texas, National Association, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇". Finally, each of the Guarantors hereby represents and acknowledges that the execution and delivery of this Amendment Amendment, the Revolving Note and the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty Agreement (except as specifically provided in this Section 5.024.02) and shall not constitute a waiver by the Bank of any of the Bank's ’s rights or remedies against such Guarantor.

Ratification of Guaranties. Each of the Guarantors hereby acknowledges and consents to all of the terms and conditions of this Amendment and the Revolving Note and hereby ratifies and confirms the Guaranty Agreement to which it is a party to or for the benefit of the BankBank and all of its obligations thereunder. Each of the Guarantors hereby represents and acknowledges that it has not revoked, terminated, limited or otherwise modified its obligations under the Guaranty Agreement executed by it in any way and that it has no claims, counterclaims, offsets, credits or defenses to the Guaranty Agreement executed by it or to the other Loan Documents to which it is a party or the performance of its obligations thereunder, all of which obligations are legal, valid and binding in accordance with their terms. Furthermore, each Guarantor agrees that nothing contained in this Amendment or the Revolving Note shall adversely affect any right or remedy of the Bank under the Guaranty Agreement to which such Guarantor is a party. Each Guarantor hereby agrees that that, with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to the "“Guaranteed Obligations" ” shall include, without limitation, the obligations of the Borrower to the Bank under the Agreement, as amended hereby, and under all indebtedness evidenced by the Revolving Note. Each Guarantor hereby also agrees that with respect Note dated as of November 17, 2010, in the maximum original principal amount of $200,000,000 made by the Borrower payable to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to (i) "First Interstate Bank order of Texas, N.A." shall be deemed references to "▇▇▇▇▇ Fargo Bank Texas, National Association" and (ii) the Bank's notice address shall be deemed references to "▇▇▇▇▇ Fargo Bank Texas, National Association, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇". Finally, each of the Guarantors hereby represents and acknowledges that the execution and delivery of this Amendment Amendment, the Revolving Note and the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty Agreement (except as specifically provided in this Section 5.024.02) and shall not constitute a waiver by the Bank of any of the Bank's ’s rights or remedies against such Guarantor.

Ratification of Guaranties. Each As a material inducement to Lender to enter into this Second Amendment, each Guarantor hereby agrees as follows: (a) Guarantor acknowledges the continuing validity and effectiveness of the Guarantors Guaranty Agreement and any other agreements, documents, or instruments securing or otherwise relating to the Guaranties previously executed and delivered by Guarantor (including without limitation any environmental indemnity agreement); (b) Guarantor hereby acknowledges joins in this Second Amendment for the purpose of consenting to: (i) this Second Amendment and consents to all of the other matters, terms and conditions of stated in this Amendment Second Amendment, and the Revolving Note and hereby ratifies and confirms the Guaranty Agreement to which it is a party to any other agreement, instrument or for the benefit of the Bank. Each of the Guarantors hereby represents and acknowledges that it has no claims, counterclaims, document executed simultaneously herewith; (c) No offsets, credits defenses or defenses counterclaims exist with respect to the Loan Documents or the performance of its Guarantor’s obligations thereunder. Furthermore, each Guarantor agrees that nothing contained in this Amendment or the Revolving Note shall adversely affect any right or remedy of the Bank under the Guaranty Agreement to which such Guarantor is a party. Each Guarantor hereby agrees that with respect Agreement; (d) Guarantor, to the fullest extent permitted by law, hereby waives any claim or other right which Guarantor might now have or hereafter may acquire against Borrower, which arises from the existence or performance of Guarantors’ liability or other obligations under each Guaranty Agreement to which it is a partyGuarantors have executed in favor of Lender, all references in such Guaranty Agreement to the "Guaranteed Obligations" shall includeincluding, without limitation, the obligations any right of Borrower to Bank under the Agreementsubrogation, as amended herebyreimbursement, exoneration, contribution, indemnification, and any right to participate in any claim or remedy of Lender against Borrower or any of the Collateral or any other property securing the Loan, whether or not such claim, remedy, or right arises in equity, or under the Revolving Note. Each contract, statute, or common law; and (e) The execution, delivery, and performance by Guarantor hereby also agrees that with respect to the Guaranty Agreement to which it is a party, of this Second Amendment and all references in such Guaranty Agreement to documents and agreements of Guarantor relating hereto (i) "First Interstate Bank are within the duly authorized power of TexasGuarantor, N.A." shall be deemed references to "▇▇▇▇▇ Fargo Bank Texas, National Association" and (ii) the Bank's notice address shall be deemed references to "▇▇▇▇▇ Fargo Bank Texashave been duly authorized by all requisite action, National Associationand (iii) will not violate any provision of law, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇". Finally, each of the Guarantors hereby represents and acknowledges that the execution and delivery of this Amendment and the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty Agreement (except as specifically provided in this Section 5.02) and shall not constitute a waiver by the Bank any order of any court or other agency of government, or the Bank's rights against such Guarantorterms and provisions of any court or other agency of government, or the terms and provisions of any agreement with any third party or any instrument under which Guarantor is organized and constituted.

Ratification of Guaranties. Each As a material inducement to Lender to enter into this Fifth Amendment, each Guarantor hereby agrees as follows: (a) Guarantor acknowledges the continuing validity and effectiveness of the Guarantors Guaranty Agreement and any other agreements, documents, or instruments securing or otherwise relating to the Guaranties previously executed and delivered by Guarantor (including without limitation any environmental indemnity agreement); (b) Guarantor hereby acknowledges joins in this Fifth Amendment for the purpose of consenting to: (i) this Fifth Amendment and consents to all of the other matters, terms and conditions of stated in this Amendment Fifth Amendment, and the Revolving Note and hereby ratifies and confirms the Guaranty Agreement to which it is a party to any other agreement, instrument or for the benefit of the Bank. Each of the Guarantors hereby represents and acknowledges that it has no claims, counterclaims, document executed simultaneously herewith; (c) No offsets, credits defenses or defenses counterclaims exist with respect to the Loan Documents or the performance of its Guarantor’s obligations thereunder. Furthermore, each Guarantor agrees that nothing contained in this Amendment or the Revolving Note shall adversely affect any right or remedy of the Bank under the Guaranty Agreement to which such Guarantor is a party. Each Agreement; (d) Guarantor hereby agrees that with respect subordinates to Lender’s rights any claim or other right which Guarantor might now have or hereafter may acquire against Borrower, which arises from the existence or performance of Guarantors’ liability or other obligations under each Guaranty Agreement to which it is a partyGuarantors have executed in favor of Lender, all references in such Guaranty Agreement to the "Guaranteed Obligations" shall includeincluding, without limitation, the obligations any right of Borrower to Bank under the Agreementsubrogation, as amended herebyreimbursement, exoneration, contribution, indemnification, and any right to participate in any claim or remedy of Lender against Borrower or any of the Collateral or any other property securing the Loan, whether or not such claim, remedy, or right arises in equity, or under the Revolving Note. Each contract, statute, or common law; and (e) The execution, delivery, and performance by Guarantor hereby also agrees that with respect to the Guaranty Agreement to which it is a party, of this Fifth Amendment and all references in such Guaranty Agreement to documents and agreements of Guarantor relating hereto (i) "First Interstate Bank are within the duly authorized power of TexasGuarantor, N.A." shall be deemed references to "▇▇▇▇▇ Fargo Bank Texas, National Association" and (ii) the Bank's notice address shall be deemed references to "▇▇▇▇▇ Fargo Bank Texashave been duly authorized by all requisite action, National Associationand (iii) will not violate any provision of law, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇". Finally, each of the Guarantors hereby represents and acknowledges that the execution and delivery of this Amendment and the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty Agreement (except as specifically provided in this Section 5.02) and shall not constitute a waiver by the Bank any order of any court or other agency of government, or the Bank's rights against such Guarantorterms and provisions of any court or other agency of government, or the terms and provisions of any agreement with any third party or any instrument under which Guarantor is organized and constituted.

Ratification of Guaranties. Each of the Guarantors hereby acknowledges and consents to all of the terms and conditions of this Amendment and the Revolving Note and hereby ratifies and confirms the Guaranty Agreement to which it is a party to or for the benefit of the Bank. Each of the Guarantors hereby represents and acknowledges that it has no claims, counterclaims, offsets, credits or defenses to the Loan Documents or the performance of its obligations thereunder. Furthermore, each Guarantor agrees that nothing contained in this Amendment or the Revolving Note shall adversely affect any right or remedy of the Bank under the Guaranty Agreement to which such Guarantor is a party. Each Guarantor hereby agrees that with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to the "Guaranteed Obligations" shall include, without limitation, the obligations of Borrower to Bank under the Agreement, as amended hereby, and under the Revolving Note. Each Guarantor hereby also agrees that with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to (i) "First Interstate Bank of Texas, N.A." shall be deemed references to "▇▇▇▇▇ Fargo Bank Texas, National Association" and (ii) the Bank's notice address shall be deemed references amended to read "▇▇▇▇▇ Fargo Bank Texas, National Association, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇". Finally, each of the Guarantors hereby represents and acknowledges that the execution and delivery of this Amendment and the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty Agreement (except as specifically provided in this Section 5.02) 5.02 and shall not constitute a waiver by the Bank of any of the Bank's rights against such Guarantor.

Ratification of Guaranties. Each of the Guarantors hereby acknowledges and consents to all of the terms and conditions of this Amendment and the Revolving Note and hereby ratifies and confirms the Guaranty Agreement to which it is a party to or for the benefit of the Bank. Each of the Guarantors hereby represents and acknowledges that it has not revoked, terminated, limited or otherwise modified its obligations under the Guaranty Agreement executed by it in any way and that it has no claims, counterclaims, offsets, credits or defenses to the Guaranty Agreement executed by it or to the other Loan Documents to which it is a party or the performance of its obligations thereunder, all of which obligations are legal, valid and binding in accordance with their terms. Furthermore, each Guarantor agrees that nothing contained in this Amendment or the Revolving Note shall adversely affect any right or remedy of the Bank under the Guaranty Agreement to which such Guarantor is a party. Each Guarantor hereby agrees that that, with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to the "“Guaranteed Obligations" ” shall include, without limitation, the obligations of the Borrower to the Bank under the Agreement, as amended hereby, and under all indebtedness evidenced by the Revolving Note. Each Guarantor hereby also agrees that with respect Note dated as of November 19, 2008, in the maximum original principal amount of $140,000,000 made by the Borrower payable to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to (i) "First Interstate Bank order of Texas, N.A." shall be deemed references to "▇▇▇▇▇ Fargo Bank Texas, National Association" and (ii) the Bank's notice address shall be deemed references to "▇▇▇▇▇ Fargo Bank Texas, National Association, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇". Finally, each of the Guarantors hereby represents and acknowledges that the execution and delivery of this Amendment Amendment, the Revolving Note and the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty Agreement (except as specifically provided in this Section 5.024.02) and shall not constitute a waiver by the Bank of any of the Bank's ’s rights or remedies against such Guarantor.

Ratification of Guaranties. Each of the Guarantors hereby acknowledges and consents to all of the terms and conditions of this Amendment and the Revolving Note and hereby ratifies and confirms the Guaranty Agreement to which it is a party to or for the benefit of the Bank. Each of the Guarantors hereby represents and acknowledges that it has no claims, counterclaims, offsets, credits or defenses to the Loan Documents or the performance of its obligations thereunder. Furthermore, each Guarantor agrees that nothing contained in this Amendment or the Revolving Note shall adversely affect any right or remedy of the Bank under the Guaranty Agreement to which such Guarantor is a party. Each Guarantor hereby agrees that with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to the "“Guaranteed Obligations" ” shall include, without limitation, the obligations of Borrower to Bank under the Agreement, as amended hereby, and under the Revolving Note. Each Guarantor hereby also agrees that with respect to the Guaranty Agreement to which it is a party, (i) all references in such Guaranty Agreement to (i) "“First Interstate Bank of Texas, N.A." ” shall be deemed references to "“▇▇▇▇▇ Fargo Bank Texas, National Association" ” and (ii) the Bank's ’s notice address shall be deemed references amended to "read “▇▇▇▇▇ Fargo Bank Texas, National Association, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, 3rd Floor, MAC 75303-031, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇"”. Finally, each of the Guarantors hereby represents and acknowledges that the execution and delivery of this Amendment and the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty Agreement (except as specifically provided in this Section 5.02) and shall not constitute a waiver by the Bank of any of the Bank's ’s rights against such Guarantor.