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HomeMy WebLinkAbout1516 ~ . . , ~ _ • } . , ` . ~ ' , i j. ' ~i { . - - f . kJll2;~4 ~N~1LE ~~Cl~ . 7 ~ (d) any transfer or ussigument Uy the Company or Proper- ties of its interest, or an~ part thereof, in and to any or all of the Leased Parcels or any subletting of the Leased Parcels; (e) the eaercise of, or the delay or failure to eaercise, any rights granted to the Trustee (or either of them) pnrsuant to the Pledge Agreement (as defined in the Indentnre) ; or . (f) tLe egchange, release and/or snrrender in accordance with the terms of said Pledge Agreement or the Indentnre or at the - request of, a ith the acqniescence of, or to, the Company of all or any collateral securit.y, by whomsoever deposited,~ which is now or - ~ may hereafter be held by the Trnstee under the terms thereof. 6. Continental hereby consents to the assignment of thia Qnarantee ~ agreement and all rights of Properties hereunder to the Trustee under the Assignment and the Indenture as further securitp for the Notes, ; and agreea to make all payments at ans time due and payable by it ! herennder directly to the Trustee for deposit, ezcept as provided in ; paragraph 3, in the Debt Service Fund establisi~ed in accordance with i the Lease and the Indentnre, or in trust for such purpose, in the manner ~ and with the effect provided in the Lease and the Indenture or in such other manner as may be contemplated by the Assignment ~ , 7. Continental will deliver to the Trustee and the holdera of the ~ Notes at their respective addresses fnrnished, from time to time, Uy ~ the Trustee to Gontinental: (a) ivithin 120 days after the end of each Sscal year of Continental, copiea of a balance sheet of Continental and ~ its consolidated suUsidiariea as at the end of such year and a statement ~ of earnings of Continental and ita consolidated snbsidiaries for such year, setting forth, in each case, in comparative form, the correspondiiig . ~ figures for the preceding fiscal year, in the form sent to Continental'a ~ stockholders und certified by independent certified publie acconntants ~ of recognized standing selected by Continental; (b) with reasonabje ~ promptness, copies of all financial statements, reports, notices and progy £ statements sent by Contiuental to its stcekholders generally; and (c) ~ with reasonable promptness, such additional information regarding the ~ businesa affairs and financial condition of Continental as the Trustee ~ , may reasonably request. E g 8. The Trnstee entera into this Qnarantee Agreement on the terms ~ and conditions set forth in Article XII of the Indentnre with the sa~ne € • ~ ~ ~ ~ t ~ ~ .'t. , . ' . s^R 311 15~5 OE~ED RECO~~DS ; ~vx PA(it ~ ~ ~ Jc.~ < <~i ~ . ~ 142`3 ~