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v r T June 13 , 1990 (the "Loan and Security Agreement") , a copy of which 2 is attached as Exhibit A to Barclays' Proof of Claim filed in the 3 Chapter 7 Case on or about April 23 , 1993 (the "Proof of Claim") , 4 whereby Barclays provided certain loans, extensions of credit and 5 financial accommodations to Debtor. 6 C. As a condition of Barclays' financing of Debtor, Debtor 7 required that Barclays also provide loans, extensions of credit and a financial accommodations to Branson-Cross Investment Co. , a 9 California general partnership ("BC Investment") , in order to 10 refinance the existing indebtedness on the real property facilities 11 located at 11800 Harlan Road, Lathrop, California, then owned by BC 12 Investment and leased to Debtor for the conduct of Debtor's business 13 operations (the "Real Property Collateral") . 14 D. The loans, extensions of credit and financial 15 accommodations to BC Investment are evidenced by that certain 16 Secured Promissory Note dated June 13 , 1990 in the original 17 principal amount of $2 , 500, 000. 00 executed by BC Investment in favor 18 of Barclays (the "Real Estate Term Note") , a copy of which is 19 attached as Exhibit B to Barclays' Proof of Claim. 20 E. Pursuant to that certain Continuing Guaranty Agreement 21 dated as of June 13 , 1990 (the "Continuing Guaranty Agreement") , a 22 copy of which is attached as Exhibit C to Barclays' Proof of Claim, 23 Debtor guaranteed to Barclays the full payment and performance of 24 all of the obligations, then existing or thereafter incurred, of BC 25 Investment to Barclays (with the term "BC Obligations" being 26 hereinafter used, without duplication, to refer to both (i) the 27 obligations of BC Investment to Barclays and (ii) the obligations of NOTICE OF JOINT MOTION AND JOINT MOTION FOR ORDER AUTHORIZING COMPROMISE OF CONTROVERSY AND APPROVING STIPULATION FOR RELIEF FROM STAY 2 3435\PO06A.LJC/dcL