KKD » Topics » seq .

These excerpts taken from the KKD 10-K filed Apr 17, 2008.
seq.

     Each of the undersigned consents and agrees that: (a) the undersigned’s direct and immediate liability under this guaranty shall be joint and several; (b) the undersigned shall render any payment or performance required under the Agreement upon demand if Franchisee fails or refuses to do so punctually; (c) such liability shall not be contingent or conditioned upon pursuit by Franchisor of any remedies against Franchisee or any other person; and (d) such liability shall not be diminished, relieved or otherwise affected by any extension of time, credit or other indulgence which Franchisor may from time to time grant to Franchisee or to any other person including the acceptance of any partial payment or performance or the compromise or release of any claims, none of which shall in any way modify or amend this guaranty, which shall be continuing and irrevocable until satisfied in full.

     Each of the undersigned agrees that the U.S. District Court for the Middle District of North Carolina, or if such court lacks jurisdiction, the Superior Court (or its successor) for Forsyth County North Carolina, shall be the venue and exclusive forum in which to adjudicate any case or controversy arising from or relating to this Guaranty. In the event a case or controversy is to be heard by the Superior Court (or its successor) for Forsyth County North Carolina, any party may request that the matter be assigned to the North Carolina Business Court. Each of the undersigned irrevocably submits to the jurisdiction of such courts and waives any objections to either the jurisdiction of or venue in such courts. Each of the undersigned irrevocably waives, to the fullest extent he/she may lawfully do so, the defense of an inconvenient forum to the maintenance of such suit, action or proceeding and agrees that service of process for purposes of any such suit, action or proceeding need not be personally served or served within the State of North Carolina but may be served with the same effect as if the undersigned were served within the State of North Carolina, by certified mail or any other means permitted by law addressed to the undersigned at the address set forth herein. Nothing contained herein shall affect Franchisor’s rights to bring a suit, action or proceeding in any other appropriate jurisdiction, including any suit, action or proceeding brought by Franchisor to enforce any judgment against the undersigned entered by a State or Federal Court.

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     Each of the undersigned waives all rights to payments and claims for reimbursement or subrogation which any of the undersigned may have against Franchisee arising as a result of the undersigned’s execution of and performance under this Guaranty.

     

seq.

     Each of the undersigned consents and agrees that: (a) that the undersigned’s direct and immediate liability under this guaranty shall be joint and several; (b) that the undersigned shall render any payment or performance required under the Agreement upon demand if Franchisee fails or refuses to do so punctually; (c) such liability shall not be contingent or conditioned upon pursuit by Franchisor of any remedies against Franchisee or any other person; and (d) such liability shall not be diminished, relieved or otherwise affected by any extension of time, credit or other indulgence which Franchisor may from time to time grant to Franchisee or to any other person including the acceptance of any partial payment or performance or the compromise or release of any claims, none of which shall in any way modify or amend this Guaranty, which shall be continuing and irrevocable until satisfied in full.

     Each of the undersigned agrees that the U.S. District Court for the Middle District of North Carolina, or if such court lacks jurisdiction, the Superior Court (or its successor) for Forsyth County, North Carolina, shall be the venue and exclusive forum in which to adjudicate any case or controversy arising from or relating to this Guaranty. In the event a case or controversy is to be heard by the Superior Court (or its successor) for Forsyth County, North Carolina, any party may request that the matter be assigned to the North Carolina Business Court. Each of the undersigned irrevocably submits to the jurisdiction of such courts and waives any objections to either the jurisdiction of or venue in such courts. Each of the undersigned irrevocably waives, to the fullest extent he/she may lawfully do so, the defense of an inconvenient forum to the maintenance of such suit, action or proceeding and agrees that service of process for purposes of any such suit, action or proceeding need not be personally served or served within the State of North Carolina but may be served with the same effect as if the undersigned were served within the State of North Carolina, by certified mail or any other means permitted by law addressed to the

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undersigned at the address set forth herein. Nothing contained herein shall affect Franchisor’s rights to bring a suit, action or proceeding in any other appropriate jurisdiction, including any suit, action or proceeding brought by Franchisor to enforce any judgment against the undersigned entered by a State or Federal Court.

     Each of the undersigned waives all rights to payments and claims for reimbursement or subrogation which any of the undersigned may have against Franchisee arising as a result of the undersigned’s execution of and performance under this Guaranty.

 

 

 

 

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seq.


     Each of the
undersigned consents and agrees that: (a) the undersigned’s direct and immediate
liability under this guaranty shall be joint and several; (b) the undersigned
shall render any payment or performance required under the Agreement upon demand
if Franchisee fails or refuses to do so punctually; (c) such liability shall not
be contingent or conditioned upon pursuit by Franchisor of any remedies against
Franchisee or any other person; and (d) such liability shall not be diminished,
relieved or otherwise affected by any extension of time, credit or other
indulgence which Franchisor may from time to time grant to Franchisee or to any
other person including the acceptance of any partial payment or performance or
the compromise or release of any claims, none of which shall in any way modify
or amend this guaranty, which shall be continuing and irrevocable until
satisfied in full.


     Each of the
undersigned agrees that the U.S. District Court for the Middle District of North
Carolina, or if such court lacks jurisdiction, the Superior Court (or its
successor) for Forsyth County North Carolina, shall be the venue and exclusive
forum in which to adjudicate any case or controversy arising from or relating to
this Guaranty. In the event a case or controversy is to be heard by the Superior
Court (or its successor) for Forsyth County North Carolina, any party may
request that the matter be assigned to the North Carolina Business Court. Each
of the undersigned irrevocably submits to the jurisdiction of such courts and
waives any objections to either the jurisdiction of or venue in such courts.
Each of the undersigned irrevocably waives, to the fullest extent he/she may
lawfully do so, the defense of an inconvenient forum to the maintenance of such
suit, action or proceeding and agrees that service of process for purposes of
any such suit, action or proceeding need not be personally served or served
within the State of North Carolina but may be served with the same effect as if
the undersigned were served within the State of North Carolina, by certified
mail or any other means permitted by law addressed to the undersigned at the
address set forth herein. Nothing contained herein shall affect Franchisor’s
rights to bring a suit, action or proceeding in any other appropriate
jurisdiction, including any suit, action or proceeding brought by Franchisor to
enforce any judgment against the undersigned entered by a State or Federal
Court.


B-1





     Each of the
undersigned waives all rights to payments and claims for reimbursement or
subrogation which any of the undersigned may have against Franchisee arising as
a result of the undersigned’s execution of and performance under this
Guaranty.


     

EXCERPTS ON THIS PAGE:

10-K (3 sections)
Apr 17, 2008
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