EX-10.7
from 425
3 pages
For Value Received, and in Further Consideration of the Execution and Delivery at the Request of the Undersigned Guarantor (Listed Above) of the Consent to Assignment of Lease of Even Date Herewith by and Between Landlord and Tenant (The “Consent”), and in Respect of the Premises, All as Listed Above, the Undersigned Guarantor Hereby Guarantees to Said Landlord the Full, Prompt and Faithful Payment, Performance and Observance by Said Tenant, of Each and Every Warranty, Covenant, Agreement and Obligation of Said Tenant Under the Provisions of Said Lease, It Being Understood and Agreed That Proceedings May Be Brought Against the Undersigned Guarantor Under This Guaranty Without First Proceeding Against Said Tenant. the Undersigned Guarantor Does Hereby Waive Demand and All Suretyship Defenses and Defenses in the Nature Thereof, and Agrees to Remain Bound Notwithstanding That Tenant May Be Relieved of Any Obligations Under the Said Lease by Operation of Law or Otherwise. No Extensions of Time Granted to the Tenant for the Payment of Rent or Other Sums, or for the Performance of Any of the Obligations of the Tenant or Forbearance or Delay on the Part of Landlord to Enforce Any of the Provisions, Covenants, Agreements, Conditions, and Stipulations of Said Lease, or Waiver by Landlord of Any of Said Provisions, Covenants, Agreements, Conditions, and Stipulations, Shall Operate to Release or Discharge the Guarantor From Its Full Liability Under This Guaranty or Prejudice the Rights of Landlord Hereunder. Without Limiting the Foregoing, in the Event That Landlord’s Rights to Damages or Other Payments Under the Lease Are Limited Pursuant to the Operation of Title 11 of the United States Code (The “Bankruptcy Code”), Guarantor Shall Remain Fully Liable for the Amount Which Otherwise Would Have Been Payable to Landlord Irrespective of Such Limitation. Guarantor Waives Any Right to Require That Resort Be Had to Any Security
12/34/56
EX-10.5
from 425
15 pages
Recording Requested By: Latham & Watkins Llp and When Recorded Mail To: Latham & Watkins Llp 885 Third Avenue New York, New York 10022 Attn: Tamara Katz, Esq. Re: Hologic, Inc. Location: 35 Crosby Drive Municipality: Bedford County: Middlesex State: Massachusetts Space Above This Line for Recorder’s Use Only Mortgage, Security Agreement, Assignment of Rents and Leases and Fixture Filing
12/34/56