EFTA00605221.pdf
Extracted Text (OCR)
GUARANTY
THIS GUARANTY, dated as of March 18, 2016 (the "Guaranty"), executed by Federico
Machado, an individual, (the "Guarantor"), in favor of CMG 258418, JJ,C, formed under the
laws of the State of Florida (the "Lender").
WITNESSETH:
WHEREAS, PAMP4 011201tP1-011.1 “4" BEAM( corporation (the "Borrower"), wholly
owned by the Guarantor, proposes to enter into that certain promissory note and security
agreement ("Loan Documents"), with Lender, pursuant to which, among other things, Lender
shall make a loan to the Borrower in the original principal amount Eight Hundred Thousand
United States Dollars (U
00,Q00.00) for the purchase of that certain kaxtheon Aircraft
Company nvilel
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Hawker 800XP aircraft with serial number 258418 and FAA registration mark
N5161'H, with its two (2) Honeywell model TFE731-5BR-1H engines with serial number(s)
P107376 and P107377; and
WHEREAS, as a condition precedent to Lender's entering into the Loan Documents and
extending the credit contemplated thereby, Lender requires the execution of this Guaranty by
Guarantor in favor of Lender; and
WHEREAS, as an owner of the Borrower, it therefore is and will be in the best interest
and to the direct advantage of Guarantor to assist Borrower to borrow money from Lender in
order to further the business of Borrower, and Guarantor bas therefore agreed to make and
execute this Guaranty in favor of Lender to induce Lender to enter into the Loan Documents and
to extend to Borrower the credit contemplated thereby; and
WHEREAS, capitalized words not defined herein shall have the same mesniags as set
forth in the Loan Documents;
NOW, THEREFORE, in consideration of the premises and for other good and valuable
consideration, the receipt and sufficiency whereof is hereby expressly aclmowledged, Guarantor
does hereby agree with Lender as follows:
1.
DEFINED TERMS.
1.1.
Except as otherwise expressly set forth herein, each capitalized term contained
herein and not otherwise defined herein shall have the meaning given to such term in the Loan
Documents.
1.2.
The following terms and provisions shall apply to this Guaranty; the meaning of
any term in this or other sections of this Guaranty expressed in the singular shall apply, mutatis
mutandis, to the same term expressed in the plural and vice versa.
"Foreign Tax" shall mean and include any present or future tax, levy, cost or
charge of any nature imposed by any government or any authority or political subdivision thereof,
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excluding taxes on or measured by the net income of the Lender imposed by any jurisdiction in
which the principal or relevant lending office of the Lender is located.
Guaranteed Obligations: All obligations of the Borrower to the Lender, and its
successors, transferees, and assigns, whether direct or indirect, absolute or contingent, now
existing or hereafter arising under or in respect of the Loan Documents, whether for principal,
interest (including interest accruing after the commencement of any proceeding under any
bankruptcy or insolvency law of any jurisdiction with respect to the Borrower whether or not
allowable as a claim thereunder), premium (if any), expenses, fees, indemnities, commissions,
reimbursements, charges, penalties and other liabilities or amounts payable thereunder or with
respect thereto.
Person: Any individual, sole proprietorship, partnership, joint venture, limited
liability company, trust, unincorporated organization, association, corporation, institution, entity,
party or government (whether national, federal, state, county, city, municipal, or otherwise,
including, without limitation, any instrumentality, division, agency, body or department thereof).
2.
GUARANTY.
2.1.
Continuing Guaranty Of Payment. In consideration of the Lender agreeing to the
Loan Documents and/or extending or continuing credit to the Borrower in connection therewith,
the Guarantor irrevocably, absolutely and unconditionally guarantees to the Lender the prompt
and complete payment when due of all Guaranteed Obligations. For purposes of this Guaranty,
the Guaranteed Obligations shall be due on the earliest of:
(a)
the due date thereof (by acceleration or otherwise),
(b)
with respect to any Guaranteed Obligations due on demand,
upon demand therefor made by the Lender upon the Borrower or the
Guarantor,
(c)
the giving of notice by the Lender to the Borrower or
Guarantor of the occurrence of any default by the Guarantor hereunder
(imcluding any material misrepresentation by the Guarantor herein or in
connection herewith), or
(d)
upon the commencement or of any bankruptcy, insolvency
by or against the Borrower or similar proceeding involving the Guarantor.
This is a guaranty of payment rather than of collection; this is also a continuing guaranty
and all liabilities to which this Guaranty applies, or may apply, under the terms hereof shall be
presumed to have been created in reliance hereon.
2.2.
Nature of Obligations. The obligations of the Guarantor to make payment to the
Lender hereunder are direct and primary obligations which shall not be discharged for any reason
until the Lender has been indefeasibly paid in full. Without limiting the generality of the
foregoing, the obligations of the Guarantor hereunder shall remain in force irrespective of:
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(a)
any invalidity, illegality or unenforceability of, or any
defect in, any of the Loan Documents or Guaranteed Obligations or any
defense which the Borrower may have with respect thereto,
(b)
the existence or absence of any legal action to enforce the
Guaranteed Obligations or the Loan Documents or any security therefor,
the issuance of any judgment therefor or the execution of any such
judgment, or
(c)
any other circumstance which might otherwise constitute a
defense available to, or discharge of, a guarantor or surety of any type.
This Guaranty is several and independent of, and may be enforced regardless of, any
other obligation (direct or contingent) of the Guarantor or any other "Person" (such term to
include any person or legal or governmental entity, trust, association, agency or instrumentality)
with respect to the Guaranteed Obligations.
3.
SPECIAL AGREEMENTS OF GUARANTOR.
3.1.
Payments. All payments required hereunder shall be in lawful currency of the
United States. Each such payment (and all payments due under Section 5.10) shall be made to
the Lender without setoff or counterclaim and in freely transferable and immediately available
funds at its office set forth below or at such other place as the Lender may direct and for the
account of such office of the Lender as the Lender may designate and:
(a)
shall be exempt from, and be made without reduction by
reason of, any Foreign Tax, or
(b)
to the extent that any such payment shall be subject to any
Foreign Tax, shall be accompanied by an additional payment by the
Guarantor of such amount as may be necessary so that the net amount
realized by the Lender (after taking into account all applicable Foreign
Taxes) is the same as the Lender would have realized had such payment
not been subject to such Foreign Tax.
A certificate of the Lender as to additional amounts due under this Section 3.1 shall be
conclusive absent manifest error. Upon any payment of Foreign Tax by the Guarantor, the
Guarantor shall promptly (and in any event within 30 days) furnish to the Lender such tax
receipts, certificates and other evidence of such payment as the Guarantor may have or the
Lender may reasonably request.
3.2.
Subordination. Subject to the next following sentence of this Section 3.2 and
Section 3.3:
(a)
all claims of the Guarantor against the Borrower shall be
subject and subordinate to the prior payment to the Lender of all
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Guaranteed Obligations of the Guarantor hereunder, and
(b)
the Guarantor shall not be entitled to receive any payment
or exercise any setoff in respect of any such claim and, to the extent any
such payment is received (whether directly, by way of dividend in
bankruptcy, setoff or otherwise), the Guarantor will forthwith deliver the
same (or the value thereof) to the Lender in precisely the form received
(except for endorsement or assignment where necessary), for application
to the Guaranteed Obligations and, until so delivered, the same shall be
held in trust as the property of the Lender.
Notwithstanding the foregoing, until the occurrence of any Event of Default under the
Loan Documents or any breach or default under this Guaranty, the Guarantor may receive and
retain payment in respect of any obligation owed to it by the Borrower. If the Guarantor fails to
make any necessary endorsement or assignment on any instrument of payment to which the
Lender is entitled, the Lender and any of its officers or employees are hereby irrevocably
authorized to make the same on behalf of the Guarantor.
3.3.
Waiver of Subrogation. The Guarantor hereby waives all rights (whether granted
by law, contract or otherwise) which it may at any time have of (a) subrogation to the claims of
the Lender against the Borrower as a result of this Guaranty and (b) reimbursement, contribution
or indemnity from the Borrower or any other guarantor of the Guaranteed Obligations as a result
of this Guaranty.
3.4.
Other Waivers. Except to the extent required by law and such requirement cannot
be waived, the Guarantor waives notice of acceptance of this Guaranty and notice of any liability
to which it may apply, and waives diligence, presentment, demand of payment, protest, notice of
dishonor or nonpayment of any such liabilities, suit or taking other action or making any demand
by the Lender against, and any other notice to, any party liable thereon (including the Guarantor).
The Guarantor agrees that the Lender may at any time and from time to time, upon or without
any terms or conditions and in whole or in part (a) change the manner, place or terms of, and/or
change or extend the time of payment of, renew or alter, any of the Guaranteed Obligations, any
security therefor, or any liability incurred directly or indirectly in respect thereof, and this
Guaranty shall apply to the Guaranteed Obligations so changed, extended, renewed or altered, (b)
fail to record, perfect or protect, or sell, exchange, release, surrender, realize upon or otherwise
deal with in any manner and in any order, any property or Person whatsoever at any time
securing or guaranteeing the Guaranteed Obligations or any liabilities (including any of those
hereunder) incurred directly or indirectly in respect thereof or hereof, and/or any offset there
against, (c) exercise or refrain from exercising any rights against the Borrower or any other
Person (including any guarantor) or otherwise act or refrain from acting, (d) settle or
compromise any of the Guaranteed Obligations, any security therefor or any liability (including
any of those hereunder) incurred directly or indirectly in respect thereof or hereof, and may
subordinate the payment of all or any part of the Guaranteed Obligations to the payment of any
other liability (whether due or not) of the Borrower to the creditors of the Borrower (including
the Lender), (e) apply any sum by whomsoever paid or howsoever realized to any liability or
liabilities of the Borrower to the Lender regardless of what liability or liabilities of the Borrower
remain unpaid, (f) consent to or waive any breach of, or any act, omission or default under, or
modify, supplement or amend any provision of, any of the Loan Documents, and/or (g) increase
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the amount of indebtedness of the Borrower to the Lender, whether under the Loan Documents
or otherwise. It is understood and agreed that the Lender may take any such action, without the
consent of, or notice to, the Guarantor, without incurring responsibility or liability to the
Guarantor, and without impairing or releasing the obligations of the Guarantor hereunder.
3.5.
Reinstatement. This Guaranty shall continue to be effective, or be reinstated, as
the case may be, if at any time payment, or any part thereof, of any of the Guaranteed
Obligations is rescinded or must otherwise be restored or returned by the Lender upon the
insolvency, bankruptcy, dissolution, liquidation or reorganization of the Borrower or the
Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of,
or custodian, trustee or similar officer for, the Borrower or the Guarantor or any part of its
property, or otherwise, all as though such payments had not been made.
3.6.
Interest Rate. If the Guarantor fails to pay when due to the extent permitted by
law, any obligation hereunder, then, to the extent permitted by law, such obligation shall bear
interest, payable on demand, from the due date thereof until paid (after as well as before
judgment) at a rate per annum equal to the lesser of eighteen percent (18%) per annum or thc
highest rate not prohibited by applicable law.
3.7.
Information.
The Guarantor will (a) promptly furnish to the Lender such
information regarding its and the Borrower's business, affairs and financial condition as the
Lender may from time to time reasonably request and (b) permit any of the officers, employees
or representatives of the Lender to visit and inspect any of its properties and to examine its books
and records and discuss its affairs, finances and accounts with its representatives and accountants,
during normal business hours and as often as the Lender may reasonably request.
3.8.
Notices; Financial Information; and Further Assurances. Guarantor will:
(a)
promptly give written notice to Lender of the occurrence of any breach or
default hereunder or any event that with notice, with lapse of time and/or with any further
condition, event or act would constitute any breach or default hereunder; and
(b)
promptly, at its sole expense, execute and deliver to Lender such further
instnunents, UCC and FAA filings and other documents, and take such further action, as
Lender may from time to time reasonably request in order to further carry out the intent
and purpose of this Guaranty, and the other Loan Documents, and to establish and protect
the rights, interests and remedies created, or intended to be created, in favor of Lender
hereby and thereby (including registration of Lender's security interest in thc Aircraft at
the international registry under the Cape Town Treaty). Guarantor hereby irrevocably
authorizes Lender and any employee, officer or agent thereof, in such jurisdictions where
such action is authorized by law, to effect any such recordation or filing without the
signature of Guarantor thereto.
3.9 Borrower will pay, or reimburse Lender for, any and all fees, taxes, insurance
premiums, costs and expenses of whatever kind or nature (including without limitation all fees
necessary to perfect or otherwise register the Lender's security interest in the Aircraft) incurred
in connection with the preservation and protection of the Aircraft and Lender's first priority and
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only security interest therein.
3.10
Laws: Obligations: Operations. Guarantor will obtain or cause to be obtained as
promptly as possible any governmental, administrative or agency approval and make any filing
or registration therewith which at the time shall be required with respect to the performance of its
respective obligations under this Guaranty and the other Loan Documents.
4.
REPRESENTATIONS, WARRANTIES AND AGREEMENTS.
To induce the Lender to agree to the Loan Documents, to extend or continue the credit
provided thereby and to accept this Guaranty, the Guarantor makes the following representations,
warranties and agreements, which shall survive the execution and delivery of this Guaranty.
4.1
Power. Guarantor has full power, authority and legal right to execute and deliver
this Guaranty and the other agreements, documents and instruments to which it is intended to be
a party, and to perform his obligations thereunder.
4.2.
No Conflicts. No consent of any other party (including any trustees or holders of
indebtedness), and no consent, license, approval or authorization of, exemption by, or
registration or declaration with, any governmental body, authority, bureau or agency is required
in connection with the execution, delivery or performance by Guarantor of this Guaranty.
4.3
No Violations. The execution, delivery and performance by Guarantor of this
Guaranty do not and shall not violate any provision of any applicable law or regulation or of any
judgment, award, order, writ or decree of any court or governmental instrumentality, and will not
violate any provision of or cause a default under any mortgage, indenture, contract, agreement or
other undertaking to which Guarantor is a party or which purports to be binding upon Guarantor
or upon any of its assets, and will not result in the citation or imposition of any lien, charge,
security interest or encumbrance of any kind ("Lien") on any of the assets of Guarantor;
4.4
Execution, Enforceability. This Guaranty constitutes a legal, valid and binding
obligation of Guarantor, enforceable in accordance with its terms; this Guaranty is in proper
legal form under the laws of the Guarantor's jurisdiction and location of residence for
enforcement thereof against the Guarantor in the courts of any such jurisdiction; in any legal
action upon this Guaranty in any such jurisdiction, the choice of law set forth in Section 5.3
hereof would be given effect by the courts of such jurisdiction;
4.5
No Action. There is no action, suit, investigation or proceeding pending or
threatened against or affecting Guarantor or any of its assets which, if adversely determined,
could reasonably be expected to have an adverse effect upon the transactions contemplated by
the Loan Documents or a material adverse effect on the financial condition of Guarantor;
4.6
No Default. Guarantor is not in default under any material mortgage, indenture,
contract, agreement, judgment or other undertaking to which Guarantor is a party or which
purports to be binding upon Guarantor or upon any of their respective assets;
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4.7
Tax Returns. Guarantor has filed all Federal, state and local income tax returns
that are required to be filed, and have paid an taxes as shown on said returns and all assessments
received by it to the extent that such taxes and assessments have become due (after giving effect
to any extensions), and Guarantor has no knowledge of any actual or proposed deficiency or
additional assessment in connection therewith;
4.8
Governmental Approvals. Neither any action by or with any governmental or
public body or authority (including, without limitation, any exchange control or monetary
authority), or any subdivision thereof, nor any other legal formality is required in connection
with the entering into, performance (including any payment under) or enforcement of this
Guaranty (collectively, "Governmental Approvals"), except such as has been obtained or taken
and with respect to which a copy or other satisfactory evidence thereof has been furnished to the
Lender. The Guarantor will maintain all requisite Governmental Approvals until the Loan
Documents are terminated and the Guaranteed Obligations and all of its obligations hereunder
are paid in full.
4.9.
Financial Condition. There are no legal proceedings pending or, to the knowledge
of the Guarantor threatened, against or affecting the Guarantor or its obligations hereunder, and
no defaults by the Guarantor exist with respect to any agreement or instrument to which it is a
party or to which it or any of its assets are subject, which might (individually or in the aggregate)
result in a material adverse change.
4.10
Taxes. Under applicable law presently in effect in the Guarantor's jurisdiction of
residence (or, to the Guarantor's knowledge, in any other jurisdiction), no stamp, registration,
transfer or other taxes or charges are or will be payable in respect of the entering into,
performance or enforcement of this Guaranty, and no payments under this Guaranty will be
subject to any Foreign Tax.
4.11
Licensing. There are no licensing or other legal formalities in any jurisdiction in
which the Guarantor is resident which the Lender must satisfy in order to enforce this Guaranty
or exercise any rights or remedies hereunder in any such jurisdiction; and the Lender will not
incur any liability for taxes or other governmental charges imposed by any such jurisdiction as a
result of the entering into, performance or enforcement of this Guaranty.
5.
MISCELLANEOUS.
5.1.
Payment of Expenses and Taxes. The Guarantor agrees to pay for all outofpocket
costs and expenses of the Lender arising in connection with its administration and enforcement
of, or preservation of its rights under, this Guaranty (including, without limitation, the reasonable
fees and expenses of counsel for the Lender in connection therewith or with respect to the
consideration of legal questions relevant hereto), and all stamp and similar taxes and recording
fees (including interest and penalties, if any) which may be payable in respect of this Guaranty or
of any modification of this Guaranty.
5.2.
Modification. This Guaranty may be modified only by an instrument in writing
signed by the party against whom enforcement of the modification is sought.
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5.3.
Governing Law. THIS GUARANTY AND THE RIGHTS AND OBLIGATIONS
OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY, AND CONSTRUED IN
ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK.
5.4.
Notices. All notices, requests and demands to or upon any party hereto shall be
deemed to have been duly given or made (i) when delivered by hand, (ii) three (3) days after
being deposited in the United States mail, return receipt requested first class postage prepaid, or
(iii) one (1) day after being sent by overnight courier service for next day delivery, addressed to
such party as follows, or to such other address as may be hereafter designated in writing by such
party to the other party hereto:
Guarantor:
Federico Machado
Lender:
CV CI 2 8418 IA C
5.5.
No Waiver, Cumulative Remedies. (a) The Lender shall not, by any act (except
by a written instrument pursuant to Section 5.2 hereof), delay, indulgence, omission or otherwise
be deemed to have waived any right or remedy hereunder or to have acquiesced in any breach of
any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on
the part of the Lender, any right, power or privilege hereunder shall operate as a waiver thereof.
No single or partial exercise of any right, power or privilege hereunder shall preclude any other
or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the
Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to
any right or remedy that the Lender would otherwise have on any future occasion.
The rights and remedies provided herein and in the Loan Documents are cumulative, may be
exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
(b)
This Guaranty represents the agreement of the Guarantor and the Lender with
respect to the subject matter hereof and there are no promises or representations by the Lender
relative to the subject matter hereof not reflected herein.
5.6.
Descriptive Headings. The descriptive headings used in this Guaranty are for
convenience only and shall not be deemed to affect the meaning or construction of any provision
hereof.
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5.7.
Benefit of Guaranty. This Guaranty shall be binding upon the Guarantor and its
successors and assigns and shall inure to the benefit of, and be enforceable by, the Lender and its
successors and assigns and, in particular, any holder or assignee from time to time of the Loan
Documents; provided that the Guarantor may not assign any of its rights or obligations hereunder
without the prior written consent of the Lender.
5.8.
Setoff. Upon the occurrence of any default or an event of default under the Loan
Documents or this Guaranty, the Lender is irrevocably authorized at any dine and from time to
time, without notice to the Guarantor or to any other Person, any such notice being hereby
expressly waived, to setoff and apply any and all deposits (general or special, time or demand,
provisional or final), in any currency, and any other credits, indebtedness or claims, in any
currency, in each case whether direct or indirect, absolute or contingent, matured or unmatured,
at any time held or owing by the Lender to or for the credit or the account of the Guarantor, or
any part thereof in such amounts as the Lender may elect, against and on account of the
obligations and liabilities of the Guarantor to the Lender under this Guaranty and claims of every
nature and description of the Lender against the Guarantor, in any currency, whether arising
hereunder or otherwise, as the Lender may elect, irrespective of whether or not the Lender shall
have made any demand hereunder or any demand for payment of any Guaranteed Obligation and
although said obligations, liabilities or claims, or any of them, shall be contingent or unmatured.
The rights of the Lender under this Section 5.8 are in addition to other rights and remedies
(including, without limitation, other rights of setoff) which the Lender may have.
5.9.
Jurisdiction and Immunity.
(a)
The Guarantor represents andagrees that:
(i)
LEGAL PROCEEDINGS AGAINST IT WITH RESPECT
HERETO MAY BE BROUGHT IN THE COURTS OF THE STATE OF
NORTH CAROLINA, and by execution and delivery hereof, the
Guarantor accepts and consents to, for itself and in respect to its property,
generally and unconditionally, the jurisdiction of the aforesaid courts and
agrees that such jurisdiction shall be exclusive, unless waived by the
Lender in writing, with respect to any action or proceeding brought by it
against the Lender, and the Guarantor waives any right to stay or to
dismiss any action or proceeding brought before said courts on the basis of
forum non conveniens
(ii)
service of process out of any of such courts may be made
by mailing copies thereof by registered or certified air mail, postage
prepaid, to the Guarantor at its address specified herein and will become
effective 30 days after such mailing, and
it is not entitled to, and to the extent it hereafter becomes so
entitled hereby waives, any immunity, sovereign or otherwise, with
respect to itself and its property from jurisdiction, service, attachment
(both before and after judgment) and execution in legal proceedings
wherever commenced to enforce or collect upon this Guaranty.
The provisions of this Section 5.9(a) shall not limit the right of the Lender to serve
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process in any other manner permitted by law or to commence legal proceedings in any other
court of competent jurisdiction.
(b)
AFTER REVIEWING THIS PROVISION SPECIFICALLY WITH THEIR
RESPECTIVE COUNSEL, EACH OF THE GUARANTOR AND THE LENDER HEREBY
KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY AND ALL
RIGHTS IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION
BASED ON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH, THIS
GUARANTY OR ANY OTHER DOCUMENTS AND INSTRUMENTS EXECUTED IN
CONNECTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING,
STATEMENTS (WHETHER ORAL OR WRITTEN), OR ACTIONS OF THE GUARANTOR
OR THE LENDER. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE
LENDER TO AGREE TO THE LOAN DOCUMENTS AND TO ACCEPT THIS GUARANTY.
5.10. Judgment Currency. If, for purposes of obtaining a judgment for amounts due
hereunder, any Guaranteed Obligation or other amounts due hereunder must be converted from
the currency (the "debt currency") in which it is denominated under the Loan Documents or this
Guaranty into another currency (the "judgment currency"), the Guarantor agrees:
(a)
that such conversion shall be made on the basis of the
prevailing applicable buying spot rate of exchange on the date before, and
in the location at which, such judgment is to be rendered, and
(b)
to pay the Lender the difference, if any, between (x) the
amount due under the terms of this Guaranty in the debt currency and (y}
the amount in the debt currency which the Lender is able to obtain with
any payment by the Guarantor in the judgment currency on the date of
such payment, or as soon thereafter as is practicable.
The provisions of this Section 5.10 shall constitute a separate obligation of the Guarantor,
independent from its other obligations hereunder, and shall not be affected by or merged into any
judgment obtained for other sums due hereunder, all with the same effect as if such provisions
were set forth in a separate agreement. lit further consideration for such obligation, the Lender
agrees that, notwithstanding any judgment for amounts due hereunder which is rendered in other
than the debt currency, the Guarantor shall not be required to pay to the Lender in the debt
currency more than the amount due to the Lender in accordance with the terms hereof.
5.11. Survival. The provisions of Section 3.1 3.5, 5.1 and 5.10 shall survive the
termination and cancellation of this Guaranty and, after cancellation and return to the Guarantor,
a photocopy hereof may be submitted as evidence of such surviving obligations. Nothing herein
shall preclude the Lender from establishing such obligations by other means. The
unenforceability of any provision hereof or of the Loan Documents shall not affect the validity of
any other provision hereof or thereof.
5.12
Notice Lender hereby notifies Guarantor that pursuant to the requirements of the
Patriot Act, it may be required to obtain, verify and record information that identifies such
Guarantor, which information includes the name and address of such Guarantor and other
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information that will allow Lender to identify Guarantor in accordance with the Patriot Act.
IN WITNESS WHEREOF, the Guarantor has caused this Guaranty to be executed and
delivered as of the date first above written.
GUARANTOR
I BEFORE me, the undersigned, a Notary Public, on this e
day of March, 2016, personally
appeared Federico Machado, an individual, to me personally known to be the same persons who
executed the within and foregoing instrument and acknowledged to me that they executed the
same as their free and voluntary act and deed for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last
above written.
raj,
My Commission Expires: oterkgfor
aesSVIN Stephen
filt:A351:0:amissioa
Explmi:. Oct
Stiffr,
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| Filename | EFTA00605221.pdf |
| File Size | 1719.5 KB |
| OCR Confidence | 85.0% |
| Has Readable Text | Yes |
| Text Length | 31,335 characters |
| Indexed | 2026-02-11T23:00:37.006551 |
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