Laserfiche WebLink
4 <br />DOCSOPEN\EL185\79\955721.v1-5/29/24 <br />Guarantor, in form and substance acceptable to the Lender, at least once every 12 months and as <br />otherwise requested by the Lender. The Guarantor agrees to promptly provide the Lender from <br />time to time with such other information respecting the condition (financial and otherwise), <br />business and property of the Guarantor as the Lender may request, in form and substance <br />acceptable to the Lender. <br />The Guarantor agrees to deliver to the Lender: (i) on or before the earlier of thirty (30) <br />days after its completion or one hundred twenty (120) days following each calendar year, the <br />signed personal financial statement of the Guarantor, in a form acceptable to Lender and dated as <br />of December 31st of the immediately preceding year, which financial statement presents the <br />financial condition (including all guaranty and other contingent obligations) of the Guarantor as <br />of such date; and (ii) as soon as available, but in no event later than their required filing, the <br />federal income tax return, including all schedules and forms, for the applicable year for the <br />Guarantor. In addition, Guarantor agrees with reasonable promptness, to provide to Lender such <br />further information regarding the business, operations, affairs and financial and other condition <br />of the Guarantor as the Lender may reasonably request. <br />The Guarantor warrants and represents to the Lender as follows: <br />a.Enforceability. This Guaranty constitutes the legal, valid and binding <br />obligation of the Guarantor, enforceable in accordance with its terms (subject, as to <br />enforceability, to limitations resulting from bankruptcy, insolvency or other similar <br />laws affecting creditors' rights generally). <br />b.Litigation. There is no action, suit or proceeding pending or, to the <br />knowledge of the Guarantor, threatened against or affecting the Guarantor which, if <br />adversely determined, would have a material adverse effect on the condition (financial <br />or otherwise), property or assets of the Guarantor, or which would question total <br />validity of this Guaranty or any instrument, document or other agreement related hereto <br />or required hereby, or impair the ability of the Guarantor to perform his or her <br />obligations hereunder or thereunder. <br />c.Default. Guarantor is not in default of a material provision under any <br />material agreement, instrument, decree or order to which he or she is a party or by <br />which he or she or his or her property is bound or affected. <br />d.Consents. No consent, approval, order or authorization of, or <br />registration, declaration or filing with, or notice to, any governmental authority or any <br />third party is required in connection with the execution and delivery of this Guaranty or <br />any of the agreements or instruments herein mentioned to which Guarantor is a party or <br />the carrying out or performance of any of the transactions required or contemplated <br />hereby or thereby or, if required, such consent, approval, order or authorization has <br />been obtained or such registration, declaration or filing has been accomplished or such <br />notice has been given prior to the date hereof. <br />Page 51 of 104