What specific covenants in the Floyds 99 Development Agreement is the undersigned bound by under the Guaranty?

In consideration of, and as an inducement to, the execution of the above Development Agreement (the "Agreement") by Floyd's 99 Franchising, LLC (the "Franchisor"), each of the undersigned hereby personally and unconditionally:

Guarantees to Franchisor and its affiliates and their respective successors and assigns, for the term of the Agreement and thereafter as provided in the Agreement, that Developer as that term is defined in the Agreement (the "Developer") shall punctually pay and perform each and every undertaking, agreement and covenant set forth in the Agreement; and agrees to be personally bound by, and personally liable for the breach of, each and every provision in the Agreement.

Each of the undersigned waives the following:

• Acceptance and notice of acceptance by Franchisor and its affiliates of the foregoing undertakings;
• Notice of demand for payment of any indebtedness or nonperformance of any obligations hereby guaranteed;
• Protest and notice of default to any party with respect to the indebtedness or nonperformance of any obligations hereby guaranteed;
• Any right he or she may have to require that any action be brought against Developer or any other person as a condition of liability; and
• Any and all other notices and legal or equitable defenses to which he or she may be entitled.

Each of the undersigned consents and agrees that:

• 1. His or her direct and immediate liability under this guaranty shall be joint and several;
• 1. He or she shall render any payment or performance required under the Agreement upon demand if Developer fails or refuses punctually to do so;
• 1. This liability shall not be contingent or conditioned upon pursuit by Franchisor or its affiliates of any remedies against Developer or any other person;
• 1. He or she will be bound by the covenant not to compete and other restrictive covenants, the confidentiality provisions, the audit provisions, and the indemnification provisions contained in the Agreement;
• 1. This liability shall not be diminished, relieved or otherwise affected by any extension of time, credit or other indulgence which Franchisor or its affiliates may from time to time grant to Developer or to any other person; including, without limitation, 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 during the term of the Agreement, including renewals thereof; and
• (6/10/2025) 6. Such liability shall not be diminished, relieved or otherwise affected by the occurrence of any of the following events: (a) the commencement by Developer of a voluntary case under the federal bankruptcy laws, as now constituted or hereafter amended or replaced, or any other applicable federal or state

Source: Item 23 — RECEIPT (FDD pages 58–229)