Exhrbrt I
Case 1 :04-cv—00407-GIVIS Document 69-10 Filed 03/15/2007 Page 2 of 3
· LEASE GUARANTY ., .
FOR VALUE RECEIVED, receipt whereof is hereby acknowledged. and to _
induce Extreme Networl
X163, dated March 9 2000_ , which. together with Guarantor hereby waives diligence, presentment of any instrument, demand for
all existing and future equipment lease schedules and related. supplements, payment protest and notice of non-payment or protest and the performance of ‘
riders and addenda thereto, are herein collectively called the 'Lease' between each and every condition precedent to which Guarantor might otherwise be
Extreme Networks® Crerht Corporation and Broadband Ottice, Inc. ('Lessee'), entitled by law. Guarantor also waives notice of any action or non-action taken
the undersigned (and each of them if more than one, hereinafter collectively by Lessee, Assignee or any other guarantor, notice of the creation or accrual of
called the 'Guarantor') hereby jointly and severally unconditionally guarantees any ofthe obligations of Lessee to Assignee under such Lease, and all demands ·
and promises to Assignee as follows: whatsoever.
1. PAYMENT AND PERFORMANCE . 6. WAIVER OF DEFENSES. ‘
The Guarantor guarantees and promises to Assignee that Lessee will promptly Guarantor hereby waives any right it may have arising from any disabuity or
perform and comply with each of its agreements contained in the Lease, and that defense of Lessee. _ · V »
all sums payable by the Lessee under such Lease will be promptly paid when . ·
due in accordance with the provisions thereof and, in case of extension of time ol 7. INDEPENDENT OBLIGA`I1ON. ` .
payment, in whole or in part. of any such sums, that all such sums will be , V
promptly paid when due in accordance with the terms of such extension Lessee's obligations, and each of them, shall conclusively be deemed to have
provided. Guarantor hereby waives any right to require Assignee to apply any been created, contracted or incurred in reliance upon this Guaranty. The
payments or proceeds received in any particular order against the indebtedness, obligations of the undersigned hereunder are joint and several, and are
including any right to require Assignee to apply payments first to principal. independent of the obligations of Lessee. Guarantor waives any right to require
» Assignee to proceed first against any collateral or any other person. A separate
2. WAIVER OF NOTICE OF MODIFICATION OF LEASE. » action or actions may be brought and prosecuted against Guarantor, or any of
. _ ` , . them, whether an action is brought against Lessee or whether Lessee be joined .
. V The Guarantor hereby consents that at any time or from time to time —without in any such action or actions; and Guarantor waives the benefit of any statute of
notice tothe Guarantor, the time for the Lessee's perfonnance of or compliance . limitations affecting its liabmty hereunder or the enforcement thereof.
with anyol its obligations contained in such Lease may be extended or such · V _ .
perfomrance or compliance may be waived by the Assignee; such Lease may 8. UNCONDITIONAL GUARANTY. » · . ,
from time to time be amended for the purpose of adding any provision thereto, - .
including additional indebtedness, or changing in any manner the rights of This Guaranty shall be construed as a continuing, absolute and unconditional
Assignee or of Lessee thereunder; payment of any `sums due or to become due guaranty of payment and performance of Lessee's obhgations under the Lease,
under such Lease may be extended. in whole or in part; and the tenns of such irrespective of the validity or enforceability of (I). any of the obligations of Lessee
. ` .Lease may be waived by the Assignee in its sole discretion; all without affecting to Assignee as aforesaid, or (iD the Lease, or Gin any security therefor, and
the liability of the Guarantor hereunder. - notwithslandingany present or future law or order of any government (de jure or . _
- _ ‘ de- facto) or of any agency thereof purporting to reduce, amend or otherwise V
3. ASSIGNEEHS REMEDIES. V V affect any obhgation of Lessee orother obligor or to vary any tenns of payment,
- . and inespective of any other circumstance which might otherwise constitutea
Assignee may pursue its rights and remedies under this Guaranty and shall be legal or equitable discharge of a surety or a guarantor. Notwithstanding the
entitled to payment hereunder and to enforce all of its other rights hereunder above, the maximum liability of Guarantor to Assignee shall be 35% of the
- notwithstanding any other guaranty cf, or security for, all or any part of the . aggregate equipment value as shownon the lease _ -
obligations of Lessee under such Lease and notwithstanrhng any action taken or
omitted to be -taken by Assignee to enforce any of its rights or remedies under 9. SEVERABILITY. _ _
. the Lease, under such other guaranty or with resped to any other security, or - '
. any payment received thereunder; and the Guarantor shall not be subrogated, Vin Should any provision of this Guarantee be held invalid or unenforceable by a
-whole or in part, to the rights otA$ignee against Lessee under such Lease until court of competent jurisdiction, the remaining provisions of this Guarantee Shall
· Assignee shall have been paid in full all such sums as are at any time payable by remain in full force and effect ‘
Lessee under such Lease. .. _
10. WANER OF JURY. ` _ _
4; ASSIGNMENT OFGUARANTY. , _ ’ · ‘ V
V - _ ` — Guarantor hereby waives any and all right to a trial by jury in any action or A
Assignee may-assign this instrument or any rights and powers hereunder with proceeding based hereon. ‘ ` V
any assignment of such Lease_ or any sums due or to become due, or any rights, r' V · V _ ‘ ’
claims, powers and remedies thereunder and, in the event of such assignment, 11. MISCELLANEOUS. _ -
such assignee shall have the same rights and remedies as if originally named , · _ _
herein. __ _- V V r . _ ·- g _· V _ —~-. · Without .the‘wrltte;·1 consent of Assignee, this Guarantycannot be changed, `.
` ‘V ` ` = V " ‘ V ` terminated or assigned by Guarantor. This Guaranty shall be govemed by and
` _ _ r . construed according .to the _laws of the State of Colorado, shall be binding upon
. _ the heirs, executors, administrators, successors, and assigns of the Guarantor
. — · ` and shall lnure to the benefit ofthe Assignee, its successors and assigns.
Guarantor . `
Extre e Ne , V . ‘ . V . . — . _ ‘ - _
By: [ g Q A @.__Q_ . Guarantor's address: 3:* 85 MONROE Srpbgl
me QJ;0 · Swan Cowen CA. jsosl ,
- Date: ' _-- -.-,- ‘ . V
g lmtnessz · y ;
tfadditlonal individual Guarantor: . V
By: ‘ Guarantcr’s address:
‘_ Title: _
Date: ·
‘ vrnmess:
- ` -‘ · r BBO-111
Case 1 :04-cv—00407OGIV|S Document 69-10 Filed 03/15/2007 Page 3 of 3
~;.\ bq) `B ‘ f
FI" [ LEASE GUIARANTY
t · · ‘
FOR VALUE RECEIV . receipt whereof is hereby acknowledged, and to ·
induce LEASEFEC RPORATION lhereinaflerlcalled the 'Assignee') to accept
assignment of a I se of personal property from Extreme Networks, Inc. under I
Master Lease No: 01, dated , which, together with all existing and future 5. WAIVER OF PRESENT MENT, DEMAND AND PROTEST.
equipment lease schedules and related, supplements, riders and addenda Guarantor hereby waives diligence, presentrnent of any instrument, demand for
thereto, are herein collectively called the 'Lease' between Extreme Networks® payment, protest and notiw of non-payment or protest and the perfomrance of
Creidt Corporation and Broadband Oftice, Inc (`Lessee'), the undersigned (and each and every condition precedent to which Guarantor might otherwise be
each of them if more than one, hereinafter collectively called the ‘Guarantor') entitled by law. Guarantor also waives notice of any action or non·action taken
hereby jointly and severally unconditionally guarantees and promises to _ by Lessee, Assignee or any other guarantor. notice of the creation or accrual of
Assignee as follows: _ any of the obhgations of Lessee to Assignee under such Lease, and all demands
whatsoever. .
1. PAYMENT AND PERFORMANCE. ` _
· _ 6. WAIVER OF DEFENSES. · .
The Guarantor guarantees and promises to Assignee that Lessee will promptly - . ‘
perform and comply with each of its agreements contained in the Lease, and that Guarantor hereby waives any right it may fave against Assignee arising from any
_ all sums payable by the Lessee under such Lease will be promptly paid when disabihty ofdefense of Lessee.
. due in accordance with the provisions thereof and, in case of extension of time of ·
payment, in whole or in part, of any such sums. that all such sums twill be 7. INDEPENDENT OBUGATION. -
promptly paid when due in accordance with the temis of such extension ` ·
_ provided. Guarantor hereby waives any right to require Assignee lo apply any ‘ Lessee's obligations, and each of them, shall conclusively be deemed to have
payments orproceeds received in any particular order against the indebtedness, ‘ been created, contracted or inwrred ir reliance upon this Guaranty. The
_ · including any right to require Assignee to apply payments Rrst to principal. obligations of the undersigned hereunder are joint and several, and are
- independent of the obligations of Lessee. Guarantor- waives any right to require
. 2- WAIVER OF NOTICE OF MODIFICATION OF LEASE- Assignee to proceed first against any collateral or any other person. A separate` .
_ action or actions may be brought and prosecuted against Guarantor, or any of
The Guarantor hereby consents that at any time or from time to time without them, whether an action is brought against Lessee or whether Lessee be joined
. notice to the Guarantor, the time lor the Lessee's perfomrance of or compliance in any such action or actions. ·
. with any ot its obligations contained in such Lease may be extended or such . _ . ` _
perfomrance or compliance may be waived by the- Assignee;`such Lease may 8. UNCONDITIONAL GUARANTY. _
from time to time be amended for the purpose of adding any provision thereto, ' ·
including additional indebtedness, or changing in any manner the rights of This Guaranty shall be construed as a continuing, absolute and unconditional
ASSIQIW3 0I' ¤I' I-€S$€€ thereunder: P6YI¤¢¤I ¤I ¤¤Y Sums due or to beoome due guaranty of payment and pertomrance of l.essee's obligations under the Lease,
under such Lease may be extended. in whole or in part; and the terms of such irrespective of the validity or enforceability of (I) any of the obligations of Lessee
Lease may be waived by the Assignee in its sole discretion; all without affecting to Assignee as aforesaid, or (ii) the Lease, or (ii) any security therefore. and
the liability of the Guarantor hereunder. ’ ` notwithstanding any present or future law or order of any government (de jure or
- _ - . de facto) or of any agency thereof purporting to reduce. amend or otherwise
` 3. ASSIGNEES REMEDIES. - affect any obligation of Lessee or other obligor or to vary any terms of payment, V
· _ . and irrespective of any other circumstance which might otherwise constitute a
Assignee may pursuelits rights and rernerhes under this Guaranty and shalt be legal or equitable discharge of a surety or a guarantoc Notwithstanding the
entitled to paymenthereunder and to enforce all of its other rights hereunder. above, the maximum liability of Guarantor to Assignee shall be 35% of the -
notwithstanding any other guaranty of, or security for,‘ all or any part ot the ‘ aggregate equipment value asshownonlhelease. .
obligations of Lessee under such Lease and notwithstanding any action taken or . - ` I
omitted to be taken by Assignee to enforce any, of its rights or remedies under 9. SEVERABILITY. _ ·
.the _Lease, under such other guaranty or with respect to any other security, or _
any payment received thereunder: and the Guarantor shall notbe subrogated, in Should any provision of this Guarantee be held invalid or unenforceable by a
whole or in part, to the rights of Assignee against Lessee under such Lease until court of competent jurisdiction, lI·re remaining provisions of this Guarantee shalt
. Assignee shall have been paid in full all such sums as are at any time payable by remain in full force and effect. _ ` -
Lessee under such Lease. _ _ ' - _ F -
10. WANER OF JURY. .
4. ASSIGNMENT OF GUARANTY. -
Guarantor hereby waives any and all right to a trial by jury in any action or
Assignee may assign this Instrument or any `rights and powers hereunder with proceeding based hereort _ ` -
any assignment of such Lease or any- sums due or to become due, or any rights, ‘ `
_. claims, powers and remedies lheieunder and, in the event of such assignment, 11. MISCELLANEOUS. d ` .
such assignee shall have the same rights and remedies as if originally named · . .
herein. _ - Without the written consent of all parties, this Guaranty cannot be changed,
‘ - terminated or assigned by Guarantor. This Guaranty shall be govemed by and
. , construed according to the laws of the Slate of Colorado, shall beibindlng upon _
` ‘ " ’ ‘ ` " ` ` ' ‘ ` · the heirs, executors, administrators, successors, and assigns of the Guarantor
. · , ` . · . and shall inure to the benefit of the Asignee, its successors and assigns. _ `
. Guarantor _ ·
Extr Netwo — - · -
BY? I \—D—/""\‘:’ . ~ Guarantor's address: ETX f`¢fY\C N you ~ i¢ S `
_ Title: · - · . _ I iofjrggg gl`-
· nate: B 7-3 ***0* · g§rx‘l’g‘ ( lggcr CCL. j‘S`O'S`/
Witness: . . . _ - - .
. lf additional individual Guarantor: _ ` .
By: ' Guarantofs address:
Title: - _ _
Date: — ° `
Witness: V . - ·
· - BBO-1 10
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