GuarantyGuaranty • December 18th, 2006 • Quantum Fuel Systems Technologies Worldwide Inc • Motor vehicle parts & accessories • Michigan
As of December 13, 2006, the undersigned, for value received, unconditionally and absolutely guarantee(s) to Comerica Bank (“Bank”), a Michigan banking corporation, payment when due, whether by stated maturity, demand, acceleration or otherwise, of all existing and future indebtedness (“Indebtedness”) to the Bank of Wheel to Wheel, LLC, an Indiana limited liability company, successor by reason of merger to Wheel to Wheel, Inc., a Michigan corporation (“Borrower”). Indebtedness includes without limit any and all obligations or liabilities of the Borrower to the Bank, whether absolute or contingent, direct or indirect, voluntary or involuntary, liquidated or unliquidated, joint or several, known or unknown; any and all indebtedness, obligations or liabilities for which Borrower would otherwise be liable to the Bank were it not for the invalidity, irregularity or unenforceability of them by reason of any bankruptcy, insolvency or other law or order of any kind, or for any other reason; an
Mr. W. Brian Olson Mr. Joseph E. Katona III Tecstar Automotive Group, Inc. Tecstar Manufacturing Canada, Ltd. Wheel to Wheel, LLC Goshen, Indiana 46528Quantum Fuel Systems Technologies Worldwide Inc • December 18th, 2006 • Motor vehicle parts & accessories • Michigan
Please refer to any and all documents, instruments and agreements executed in connection with the financing arrangements from Bank to Borrowers and Guarantors (collectively, the “Loan Documents”). All amounts due from Borrowers to Bank, whether now or in the future, contingent, fixed, primary and/or secondary, including, but not limited to, principal, interest, inside and outside counsel fees, audit fees, costs, expenses and any and all other charges provided for in the Loan Documents shall be known, in the aggregate, as the “Liabilities.” All capitalized terms not defined in this letter agreement (“Agreement”) shall have the meanings described in the Loan Documents.
