EXHIBIT
10.2
FORM OF
STOCKHOLDER GUARANTY
This Guaranty dated as of
[__________], whereby NYER MEDICAL GROUP, with an address of 13
Water Street, Holliston, Massachusetts 01746 (the
“Guarantor”), hereby guarantees to Massachusetts CVS
Pharmacy, L.L.C., a Massachusetts limited liability
company(“Buyer”), the full and prompt payment and
punctual performance by D.A.W., Inc., d/b/a Eaton Apothecary #2050,
a Massachusetts corporation (“Seller”) of any and all
obligations of and payments by Seller arising under that certain
Asset Purchase and Sale Agreement (the “Purchase
Agreement”) dated as of December 9, 2008, between Buyer and
Seller.
The liability of Guarantor
hereunder shall not be conditioned or contingent upon pursuit by
Buyer of any remedies it may have against Seller with respect to
the Purchase Agreement. No exercise or nonexercise by
Buyer of any right given to it hereunder or under the Purchase
Agreement, and no change, impairment or suspension of any right or
remedy of Buyer hereunder or thereunder, shall in any way affect
Guarantor’s obligations hereunder. Any one or more
successive and/or concurrent actions may be brought hereon against
Guarantor, either in the same action, if any, brought against
Seller, or in separate actions, as often as Buyer may deem
advisable.
This Guaranty may be
amended, modified, superseded or ca
