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force aud effect ns if those terms und conditions were incorport~ted at
length herein and niade applicaUle to tbe •Trustee in respect of this
tlgreement and in respect of any action taken or omitted to be taken
b~ tlie Trustee liereunder. ~
9. Continental will not consolidate with or merge into, or sell
or otherwise diapose of substantially all of its properties and assets to,
any othe"r corporation, unless the corporation formed by such consoli-
dation or into which Continental shall merge or to ~hich Continental ~
shall have sold or disposed of substantially all of its properties and ~
nssets sLall, as u part of snd ua a condition of sucL consolidatiori or
merger, sale or disposition, assume the observanee and performance of
the covenants, Agreements and conditions of this GFnarantee Agreement
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and shall egecute and deliver to the Company and tfie Trnstee an agree-
; ment, satisfacrtor}• in suUstance and form to the Company and the
Trustee, whereby snch corporation ahall ezpressly assnme the observ-
! ance and performance of such covenants, agreements and conditions.
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~ 10. WitLout in any w ay limiting Continental's obligations pursu-
, ant to paragraph 1 in respect of the oUligations of the Company, it is
' espresslp understood and agreed that nothing herein shall be construed
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to constitute a guarantee of the obligation of Properties to pay the
Notea.
11. This Guarantee ~greement (a) constitutes the entire agree-
~ ment, and supersedes all prior agreements and understandings, both
~ written and oral, among tLe parties hereto with respect to the subject
~ matter hereof ;(b) may be ezecnted in several counterparts, each of
~ v~hich shall be deemed an original, but all of which together shall consti-
~ tute oue and the same instrameut; (c) is subject to the provisions set
~ forth in Paragraph 27(a) of the Lease as thongh fuUy set forth herein; ;
(d) may be modiSed only in accordanee with Article %IV of the Inden- ~
~ tnre by an instrnment in writing signed by dnly anthorized representa- ~
~ tives of Continental, Properties and tbe Trustee; (e) shall innre to the
~ benefit of and be binding npon the respective successors and assigns of ~
~ the purtiea hereto and, insofar as Continental shall be ob)igated nnder
~ the provisions of paragraph 3 to indemnify the holders of tbe Notes •
against any obligation to repay any amonnta received by them from the ;
~ Trnatee, shall inure to tLe benefit of and may be enforced by such hold- . ~
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