AMENDED AND RESTATED UNCONDITIONAL AND CONTINUING GUARANTY OF PAYMENT (KENTUCKY)Unconditional and Continuing Guaranty of Payment • December 31st, 2003 • New York Mortgage Trust Inc
CONFIRMATIONUnconditional and Continuing Guaranty of Payment • February 1st, 2005 • Oglebay Norton Co /Ohio/ • Mining & quarrying of nonmetallic minerals (no fuels)
The undersigned OGLEBAY NORTON COMPANY, a Delaware corporation (with its successors and assigns, the “Guarantor”), has executed and delivered to NATIONAL CITY BANK, a national banking association (with its successors and assigns, “Bank”), the Unconditional and Continuing Guaranty Of Payment, dated as of July 15, 1999 (the “Guaranty”), in respect of, among other matters, the Credit Agreement dated July 14, 1997 (as amended, modified, restated or supplemented from time to time, the “Credit Agreement”), between Bank, ON Marine Services Company, a Delaware corporation (“ONMS”), and Oglebay Norton Marine Services Company, L.L.C., a Delaware limited liability company (“LLC”, and together with ONMS, collectively, “Borrowers”), under which Bank agreed to make a term loan to Borrowers in the original principal amount of $17,000,000, subject to certain conditions and in accordance with the terms thereof. The Guaranty was made for the benefit of Borrowers to guarantee the payment of the Subject D
UNCONDITIONAL AND CONTINUING GUARANTY OF PAYMENT (KENTUCKY)Unconditional and Continuing Guaranty of Payment • December 31st, 2003 • New York Mortgage Trust Inc
