Extract to table

Capitalized terms used but not otherwise defined in this Guaranty shall have the meanings ascribed to such terms in the Loan Agreement

Unless the context otherwise requires, (a) the singular includes the plural and vice versa, (b) words of any gender include each other gender, (c) the words "include," "includes," and "including" shall be deemed to be followed by the phrase "without limitation," (d) the words "herein," "hereof," "hereby," "hereunder," and similar terms refer to this Guaranty as a whole and not to any particular provision, (e) references to Articles, Sections, and Exhibits are to Articles, Sections, and Exhibits of this Guaranty unless otherwise specified, and (f) references to any document or agreement shall be deemed to include all amendments, restatements, supplements, extensions, and modifications thereto

Guarantor hereby unconditionally, absolutely, and irrevocably guarantees to Lender the full and prompt payment and performance of all Guaranteed Obligations (as defined herein), as and when the same shall become due, whether by acceleration, declaration, demand, or otherwise

For purposes of this subsection, the failure by any Guarantor Party to take commercially reasonable steps to cause Borrower to contest and seek dismissal of an involuntary petition within thirty (30) days of the filing thereof shall create a rebuttable presumption of collusion

Notwithstanding the foregoing, transfers expressly permitted under the Loan Agreement shall not constitute Prohibited Transfers

The commission of physical or economic waste with respect to the Property or the Project, including, without limitation, the intentional destruction, material damage, material impairment, or material diminution of the value, condition, or utility of the Property, the improvements, or any collateral securing the Loan, whether by act or omission of any Guarantor Party; provided, however, that ordinary wear and tear and damage caused by casualty or condemnation (to the extent Borrower complies with its obligations under the Loan Documents with respect thereto) shall not constitute waste for purposes of this subsection