JURY TRIAL WAIVER. THE BORROWER AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUIT, ACTION, PROCEEDING OR ANY MATTER ARISING IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized
Appears in 1 contract
Samples: Revolving Loan and Security Agreement (Bolt Technology Corp)
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG THE BORROWER, THE ADMINISTRATIVE AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS GUARANTOR ACKNOWLEDGMENT AND AGREEMENT, THE AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT CONNECTION HEREWITH OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) ZAGG LLC By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION ZAGG Inc its Managing Member By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXXXXX XXXXX Xxxxx Xxxxx Chief Executive Officer MOPHIE LLC By: mophie Inc, duly authorized BOLT INTERNATIONAL CORPORATION its Managing Member By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS XXXXX XXXXX Xxxxx Xxxxx President ALTIGO INC. By: /s/ Xxxxxxx X. XXXX XXXXX Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXxxxx President IFROGZ INC. MOPHIE INC. ZAGG INTELLECTUAL PROPERTY HOLDING CO, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentINC. ZAGG RETAIL, duly authorized CRITERION EXPLORATIONINC. ZAGG AMPLIFIED, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION XXXXX XXXXX Xxxxx Xxxxx President ZAGG HAMPTON LLC By: ZAGG Inc Its: Sole Member By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXXXXX XXXXX Xxxxx Xxxxx Chief Executive Officer HALO2CLOUD, duly authorized K&B RESOURCES, INC. LLC By: ZAGG Hampton LLC Its: Sole Member By: ZAGG Inc Its: Sole Member By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXXXXX XXXXX Xxxxx Xxxxx Chief Executive Officer HALO HOLDINGS USA, duly authorizedLLC By: Halo2Cloud, LLC Its: Sole Member By: ZAGG Hampton LLC Its: Sole Member By: ZAGG Inc Its: Sole Member By: /s/ XXXXX XXXXX Xxxxx Xxxxx Chief Executive Office SCHEDULE 1 COMMITMENTS OF LENDERS LENDERS REVOLVING CREDIT COMMITMENT PERCENTAGE* REVOLVING CREDIT COMMITMENT AMOUNT* MAXIMUM AMOUNT KeyBank National Association 47.20% $59,000,000.00 $59,000,000.00 Zions Bancorporation, N.A. dba Zions First National Bank 35.20% $44,000,000.00 $44,000,000.00 MUFG Union Bank, N.A. 17.60% $22,000,000.00 $22,000,000.00 Total Commitment Amount 100.00% $125,000,000.00 $125,000,000.00 *Provided that, during the Temporary Accordion Increase Period only, the following shall be in effect: LENDERS REVOLVING CREDIT COMMITMENT PERCENTAGE REVOLVING CREDIT COMMITMENT AMOUNT MAXIMUM AMOUNT KeyBank National Association 51.7543859649% $70,800,000.00 $70,800,000.00 Zions Bancorporation, N.A. dba Zions First National Bank 32.1637426901% $44,000,000.00 $44,000,000.00 MUFG Union Bank, N.A. 16.0818713450% $22,000,000.00 $22,000,000.00 Total Commitment Amount 100.00% $136,800,000.00 $136,800,000.00
Appears in 1 contract
JURY TRIAL WAIVER. BORROWERS, AGENT AND EACH OF THE BORROWER BANKS WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG ANY BORROWER, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY AGENT'S OR ANY BANK'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT BETWEEN BORROWERS, AGENT AND THE BANKS, OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTHEREOF. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYAgreed to and accepted this 12th day of December, VOLUNTARILY2001. ADVANCED LIGHTING TECHNOLOGIES, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSVENTURE LIGHTING POWER INC. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE SYSTEMS NORTH AMERICA LTD. (fka Canadian Lighting Systems Holding, Incorporated) By:/s/ Steven C. Potts By: /s/ R. Douglas Oulton ------------------------------- ------------------------------- Steven C. Potts, Title: V P-Finance&Administrxxxxx Xxxxx Financial Officer VENTURE LIGHTING EUROPE PARRY POWER SYSTEMS LIMITED LTD. By:/s/ E. Young By: /s/ W. Ian Wilkinson ------------------------------- ------------------------------- Title: Director Title: Director ---------------------------- ------------------------------- NATIONAL CITY COMMERCIAL SOVEREIGN BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOANFINANCE, INC. Executed to be effective By:/s/ Dennis G. Hatvany By: /s/ Michelle A. Walcoff ------------------------------- ------------------------------- Title: Vice President Title: Senior Vice President ---------------------------- ------------------------------- PNC BANK, NATIONAL ASSOCIATION, as Agent and as a Bank By: /s/ Richard F. Muse, Jr. ------------------------------ Title: Vice Pxxxxxxxx --------------------------- GUARANTOR ACKNOWLEDGMENT Each of the date first set forth aboveundersigned consents and agrees to and acknowledges the terms of the foregoing Agreement. THE BORROWER: Signed Each of the undersigned further agrees that the obligations of each of the undersigned pursuant to the Guaranty of Payment executed by each of the undersigned shall remain in the presence of: BOLT TECHNOLOGY CORPORATION full force and effect and be unaffected hereby. ADLT Realty Corp. I, Inc. ADLT Services, Inc. APL Engineered Materials, Inc. Ballastronix (As to All) Delaware), Inc. Lighting Resources International, Inc. Microsun Technologies, Inc. Venture Lighting International, Inc. By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its PresidentSteven C. Potts -------------------------------------- Name: Steven C. Potts -------------------------------------- Title: Chief Financial Officer ------------------------------------ of each of the companies listed above Deposition Sciences, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION Inc. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President/s/Steven C. Potts -------------------------------------- Name: Steven C. Potts -------------------------------------- Title:Chief Financial Officer ------------------------------------ signing for each of the companies listed above by Power of Attorney SCHEDULE I ----------------------------------------------------------------------------------------------------------------------------------- Canadian Revolving Revolving UK Revolving Credit Credit Credit Term Loan Financial Commitment Commitment Commitment Commitment Commitment Institution Percentage Amount Amount Amount Amount Maximum Amount ----------------------------------------------------------------------------------------------------------------------------------- PNC Bank, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentNational Association 50% $12,500,000.00 $1,000,000.00 $1,750,000.00 $6,500,000.00 $19,000,000.00 ----------------------------------------------------------------------------------------------------------------------------------- National City Commercial Finance, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized25% $6,250,000.00 $500,000.00 $875,000.00 $3,250,000.00 $9,500,000.00 Inc. ----------------------------------------------------------------------------------------------------------------------------------- Sovereign Bank 25% $6,250,000.00 $500,000.00 $875,000.00 $3,250,000.00 $9,500,000.00 ----------------------------------------------------------------------------------------------------------------------------------- Total 100% $25,000,000.00 $2,000,000.00 $3,500,000.00 $13,000,000.00 $38,000,000.00 ----------------------------------------------------------------------------------------------------------------------------------- Maximum Revolving Credit $25,000,000.00 Commitment Amount ----------------------------------------------------------------------------------------------------------------------------------- Maximum Term Loan Commitment $13,000,000.00 Amount ----------------------------------------------------------------------------------------------------------------------------------- Total Commitment Amount $38,000,000.00 -----------------------------------------------------------------------------------------------------------------------------------
Appears in 1 contract
Samples: Credit Agreement (Advanced Lighting Technologies Inc)
JURY TRIAL WAIVER. BORROWER, AGENT, THE BORROWER BANKS AND GUARANTORS EACH GUARANTOR HEREBY WAIVE TRIAL BY ANY RIGHT TO HAVE A JURY PARTICIPATE IN ----------------- RESOLVING ANY COURT DISPUTE, WHETHER SOUNDING IN ANY SUITCONTRACT, ACTIONTORT OR OTHERWISE, PROCEEDING AMONG BORROWER, AGENT, THE BANKS, EACH GUARANTOR, OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY AGENT'S OR ANY BANK'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT AMONG BORROWER, AGENT AND THE BANKS, OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTHEREOF. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION AMCAST INDUSTRIAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Name: Xxxxxxx X. Xxxx Its PresidentTitle: CFO KEYBANK NATIONAL ASSOCIATION, duly authorized BOLT INTERNATIONAL CORPORATION as Agent and as a Bank By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: S.V.P. INTESABCI - CHICAGO BRANCH (successor in interest to Banca Comerciale Italiana) By: /s/ X. Xxxxxxx Name: X. Xxxxxxx Title: FVP/Deputy Manager and /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President THE BANK OF NEW YORK By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx Name: Xxxxxxx X. Xxxx Its PresidentXxxxxxx Title: Vice President BANK ONE INDIANA, duly authorized DUKE PLACE INVESTMENTS N.A. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President CREDIT AGRICOLE INDOSUEZ (successor in interest to Caisse Nationalede Credit Agricole) By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President and /s/ Xxxx Its PresidentX. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: V.P./ Sr.Relationship Mgr. COMERICA BANK By: /s/ X. X. Xxxxxxxx Name: X. X. Xxxxxxxx Title: First Vice President UNICREDITO ITALIANO SPA By: /s/ Xxxxxxxxxxx X. Xxxxx Name: Xxxxxxxxxxx X. Xxxxx Title: F.V.P. & Deputy Manager and /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Vice President SANPAOLO IMI S.p.A. By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: V.P. and /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: G.M. NATIONAL CITY BANK (successor in interest to National City Bank of Dayton) By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Senior Vice President BANK ONE INDIANA, duly authorized BOLT EXPORT CORPORATION N.A. (successor by merger to NBD Bank) By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxx Name: Xxxxxxx X. Xxxx Its PresidentXxxxxx Title: Vice President FIRSTAR BANK, duly authorized CRITERION EXPLORATIONN.A. (fka STAR BANK, INC. N.A.) By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxxxx Name: Xxxx Xxxxxx Title: AVP/Its PresidentAttorney-In-Fact GUARANTOR ACKNOWLEDGMENT AND AGREEMENT Each of the undersigned consents and agrees to and acknowledges the terms of the foregoing Sixth Amendment Agreement dated as of June 5, duly authorized STAR GEOPHYSICAL CORPORATION By2001. Each of the undersigned specifically acknowledges the terms of and consent to the waivers set forth therein. Each of the undersigned further agrees that the obligations of each of the undersigned pursuant to the Guaranties of Payment of Debt executed by each of the undersigned shall remain in full force and effect and be unaffected hereby. Each of the undersigned further agrees with Agent and the Banks that (a) Section 9 of the Guaranty of Payment executed by each of undersigned, (b) Section 16 of the Security Agreement executed by each of the undersigned, (c) Section 19 of the Collateral Assignment and Security Agreement executed by each of the undersigned, and (d) Section 9 of the Pledge Agreement executed by each of the undersigned each are hereby amended to delete the text of each of such sections therefrom in their entirety and to insert in place thereof the following: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentAnything in this Agreement to the contrary notwithstanding, duly authorized K&B RESOURCESin no event shall the amount of the undersigned's liability hereunder (or, INCif applicable, the amount secured by this Agreement) exceed the maximum amount that (after giving effect to the incurring of the obligations hereunder and to any rights to contribution of the undersigned from other affiliates of Borrower) would not render the rights to payment of Agent and the Banks hereunder void, voidable or avoidable under any applicable fraudulent transfer law. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentEach of the undersigned, duly authorizedby signing below, hereby waives and releases Agent and each of the Banks and their respective directors, officers, employees, attorneys, affiliates and subsidiaries from any and all claims, offsets, defenses and counterclaims of which any of the undersigned is aware, such waiver and release being with full knowledge and understanding of the circumstances and effect thereof and after having consulted legal counsel with respect thereto.
Appears in 1 contract
JURY TRIAL WAIVER. BORROWER, AGENTS AND EACH OF THE BORROWER BANKS WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENTS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY AGENTS' OR ANY BANK'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT AMONG BORROWER, AGENTS AND THE BANKS, OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTHEREOF. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYAddress: 23000 Xxxxxx Xxxxxx PARK-OHIO INDUSTRIES, VOLUNTARILYINC. Euclxx, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWERXxxx 00000 Attention: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION Corporate Secretary By: /s/ Xxxxxxx Jamex X. Xxxxxx ------------------------------- Jamex X. Xxxxxx, Xxce President and /s/ Ronaxx X. Xxxxxx ------------------------------ Ronaxx X. Xxxxxx, Xxcretary Address: Key Center KEYBANK NATIONAL ASSOCIATION, 127 Xxxxxx Xxxxxx as a Bank and as Administrative Agent Clevxxxxx, Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION 00000-0000 Attention: Commercial Loans- By: /s/ Xxxxxxx Kennxxx X. Xxxxxx Cleveland District --------------------------------- Kennxxx X. Xxxxxx, Xxce President Address: Huntington Building THE HUNTINGTON NATIONAL BANK, 917 Xxxxxx Xxxxxx as a Bank and as Co-Agent Clevxxxxx, Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS 00000 Attention: Commercial By: /s/ Xxxxxxx Timoxxx X. Xxxx ------------------- Xxxxxxx Banking Division -------------------------------- Timoxxx X. Xxxx Its Xxxx, Xxce President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized
Appears in 1 contract
JURY TRIAL WAIVER. THE BORROWER AND GUARANTORS LENDER WAIVE TRIAL BY ANY RIGHT TO HAVE A JURY PARTICIPATE IN ----------------- RESOLVING ANY COURT DISPUTE, WHETHER SOUNDING IN ANY SUITCONTRACT, ACTIONTORT OR OTHERWISE, PROCEEDING BETWEEN BORROWER AND LENDER, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR ANY MATTER ARISING INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY LENDER'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE BETWEEN BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYLENDER. Address: 8420 X.X. 00 Xxxxxxx, VOLUNTARILY#000 AIRCRAFT SERVICE INTERNATIONAL Miamx, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION00000-0000 GROUP, INC. Attention: President By: /s/ Xxxxxxx X. Address: Key Center KEY CORPORATE CAPITAL INC. 127 Xxxxxx Xxxxxx Xxxxxxxxx, Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION 00000-0000 Attention: Structured Finance By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentEXHIBIT A REVOLVING CREDIT NOTE $10,000,000 New York, duly authorized K&B RESOURCESNew York April 2, 1998 FOR VALUE RECEIVED, the undersigned, AIRCRAFT SERVICE INTERNATIONAL GROUP, INC. By: /s/ Xxxxxxx X. ("Borrower"), promises to pay, on the last day of the Commitment Period, as defined in the Credit and Security Agreement (as hereinafter defined), to the order of KEY CORPORATE CAPITAL INC. ("Lender") at its Main Office at 127 Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxx ------------------- Xxxxxxx X. Xxxx Its President00000-0000, duly authorizedxx at such other place as Lender shall designate, the principal sum of TEN MILLION and 00/100 DOLLARS
Appears in 1 contract
Samples: First Amendment Agreement (Aircraft Service International Group Inc)
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY THE ABILITY OF AGENT AND LENDERS TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BETWEEN BORROWER'S , AGENT AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHLENDERS. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSSHILOH CORPORATION GREENFIELD DIE & MANUFACTURING CORP. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION Xxxxx By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxx Xxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx Xxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONXxxxx Treasurer Treasurer JEFFERSON BLANKING INC. SHILOH AUTOMOTIVE, INC. By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION Xxxxx By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxx Xxxxxx X. Xxxx Its PresidentXxxxx Xxxxxx X. Xxxxx Assistant Secretary Treasurer By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Treasurer Guarantor Acknowledgement and Agreement SHILOH INDUSTRIES, duly authorized K&B RESOURCESINC. XXXXXXX MANUFACTURING DIVISION LIVERPOOL COIL PROCESSING, INCORPORATED By: /s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Treasurer Treasurer XXXXXX BLANKING, INC. THE SECTIONAL DIE COMPANY By: /s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Treasurer Treasurer SECTIONAL STAMPING, INC. By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxx Xxxxxx X. Xxxx Its PresidentXxxxx Treasurer Guarantor Acknowledgement and Agreement SCHEDULE 1 LENDERS COMMITMENT PERCENTAGE REVOLVING CREDIT COMMITMENT AMOUNT MAXIMUM AMOUNT National City Bank 29.1666666667 % $ 27,708,333.34 $ 27,708,333.34 The PrivateBank and Trust Company 29.1666666667 % $ 27,708,333.33 $ 27,708,333.33 FirstMerit Bank, duly authorizedN.A. 16.0000000000 % $ 15,833,333.33 $ 15,833,333.33 KeyBank National Association 12.5000000000 % $ 11,875,000.00 $ 11,875,000.00 RBS Citizens, National Association 12.5000000000 % $ 11,875,000.00 $ 11,875,000.00 Total Commitment Amount 100.0000000000 % $ 95,000,000 $ 95,000,000 EXHIBIT G FORM OF BORROWING FORMULA CERTIFICATE See attached. Shiloh Industries Inc Weekly Working Capital Reporting For the Period ending: Accounts receivable Inventory Accounts payable Net β Amendment add-on Borrowing Formula β Less Letters of Credit Less Bank debt Excess / (deficit) Borrowing Formula $ β
Appears in 1 contract
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT CONNECTION HEREWITH OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYTELETECH CUSTOMER CARE MANAGEMENT (COLORADO), VOLUNTARILYLLC TELETECH STOCKTON, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION LLC By: /s/ Xxxxxxx Xxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXxxxx, duly authorized BOLT INTERNATIONAL CORPORATION Xx. By: /s/ Xxxxxxx Xxxx X. Xxxxx, Xx. Name: Xxxx ------------------- Xxxxxxx X. Xxxxx, Xx. Name: Xxxx Its PresidentX. Xxxxx, duly authorized DUKE PLACE INVESTMENTS ByXx. Title: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentSVP, duly authorized BOLT EXPORT Global Finance Title: SVP, Global Finance TELETECH SERVICES CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONTELETECH CUSTOMER CARE MANAGEMENT (WEST VIRGINIA), INC. By: /s/ Xxxxxxx Xxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXxxxx, duly authorized STAR GEOPHYSICAL CORPORATION Xx. By: /s/ Xxxxxxx Xxxx X. Xxxxx, Xx. Name: Xxxx ------------------- Xxxxxxx X. Xxxxx, Xx. Name: Xxxx Its PresidentX. Xxxxx, duly authorized K&B RESOURCESXx. Title: SVP, Global Finance Title: SVP, Global Finance TELETECH GOVERNMENT SOLUTIONS, LLC TELETECH INTERNATIONAL HOLDINGS, INC. By: /s/ Xxxxxxx Xxxx X. Xxxxx, Xx. By: /s/ Xxxx ------------------- Xxxxxxx X. Xxxxx, Xx. Name: Xxxx Its PresidentX. Xxxxx, duly authorizedXx. Name: Xxxx X. Xxxxx, Xx. Title: Board of Managers Title: SVP, Global Finance Guarantor Acknowledgment and Agreement DIRECT ALLIANCE CORPORATION TELETECH LOAN SERVICES, LLC By: /s/ Xxxx X. Xxxxx, Xx. By: /s/ Xxxx X. Xxxxx, Xx. Name: Xxxx X. Xxxxx, Xx. Name: Xxxx X. Xxxxx, Xx. Title: SVP, Global Finance Title: VP / Director TELETECH@HOME, INC. TELETECH SOUTH AMERICA HOLDINGS, INC. By: /s/ Xxxx X. Xxxxx, Xx. By: /s/ Xxxx X. Xxxxx, Xx. Name: Xxxx X. Xxxxx, Xx. Name: Xxxx X. Xxxxx, Xx. Title: SVP, Global Finance Title: SVP, Global Finance ONDEMAND LLC ELOYALTY, LLC By: /s/ Xxxx X. Xxxxx, Xx. By: /s/ Xxxx X. Xxxxx, Xx. Name: Xxxx X. Xxxxx, Xx. Name: Xxxx X. Xxxxx, Xx. Title: SVP, Global Finance Title: SVP, Global Finance Guarantor Acknowledgment and Agreement
Appears in 1 contract
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY THE ABILITY OF AGENT AND LENDERS TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BETWEEN BORROWER'S , AGENT AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHLENDERS. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSSHILOH CORPORATION GREENFIELD DIE & MANUFACTURING CORP. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANKBy: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxx Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONXxxxx Treasurer Treasurer JEFFERSON BLANKING INC. SHILOH AUTOMOTIVE, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxx Xxxxxx X. Xxxx Its PresidentXxxxx Assistant Secretary Treasurer By: Xxxxxx X. Xxxxx Treasurer Acknowledgement and Agreement SHILOH INDUSTRIES, duly authorized K&B RESOURCESINC. XXXXXXX MANUFACTURING DIVISION LIVERPOOL COIL PROCESSING, INCORPORATED By: By: Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Treasurer Treasurer XXXXXX BLANKING, INC. THE SECTIONAL DIE COMPANY By: By: Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Treasurer Treasurer SECTIONAL STAMPING, INC. By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedXxxxx Treasurer
Appears in 1 contract
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY THE ABILITY OF AGENT AND LENDERS TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR AMONG BORROWERS, AGENT, THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR LENDERS AND THE DEFENSE OR ENFORCEMENT OF ANY UNDERSIGNED. CORE COMPOSITES CINCINNATI, LLC By: /s/ Xxxxxx X. Xxxx, Xx. Name: Xxxxxx X. Xxxx, Xx. Title: Vice President, Secretary, Treasurer and Chief Financial Officer CORE COMPOSITES CORPORATION By: /s/ Xxxxxx X. Xxxx, Xx. Name: Xxxxxx X. Xxxx, Xx. Title: Vice President, Secretary, Treasurer and Chief Financial Officer CORE AUTOMOTIVE TECHNOLOGIES, LLC By: Core Molding Technologies, Inc., Its sole member By: /s/ Xxxxxx X. Xxxx, Xx. Name: Xxxxxx X. Xxxx, Xx. Title: Vice President, Secretary, Treasurer and Chief Financial Officer Signature Page to Guarantor Acknowledgment and Agreement SCHEDULE 1 COMMITMENTS OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION LENDERS* LENDERS KeyBank National Association COMMITMENT PERCENTAGE 100% REVOLVING CREDIT COMMITMENT AMOUNT $ 18,000,000.00 TERM LOAN COMMITMENT AMOUNT $ β CAPEX COMMITMENT AMOUNT $ 5,428,574.00 MEXICAN LOAN COMMITMENT AMOUNT $ 1,600,000.00 IDRB LETTER OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING CREDIT COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective AMOUNT $ 216,329.00 MAXIMUM AMOUNT $ 25,244,903.00 TOTAL COMMITMENT AMOUNT $ 25,244,903.00 *Effective as of the date first set forth above. THE BORROWER: Signed hereof, taking into account (a) amortization of principal on the Term Loan Commitment, Capex Commitment and Mexican Loan Commitment, and (b) reductions in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedundrawn amount of the IDRB Letter of Credit.
Appears in 1 contract
Samples: Eighth Amendment Agreement (Core Molding Technologies Inc)
JURY TRIAL WAIVER. EACH PARTY HERETO WAIVES ANY RIGHT IT MAY HAVE TO A JURY TRIAL OF ANY CLAIM, COUNTERCLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT, THE BORROWER AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITCREDIT, ACTION, PROCEEDING OR ANY DEALINGS WITH ONE ANOTHER RELATING TO THE SUBJECT MATTER ARISING IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSAGREEMENT. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWERVery truly yours, Applicant: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION QUALCOMM RIVER HOLDINGS B.V. By: /s/ Xxxx X. Xxxxxxxxx Name: Xxxx X. Xxxxxxxxx Title: Managing Director The undersigned, Xxxxxxx X. Post does hereby certify that he is the Treasury Director of XXXXXXXX Xxxxxxxxxxxx and that Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXxxxxxxxx is the duly elected and presently incumbent Managing Director of the Applicant, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INCand that the statements and signatures in the foregoing Agreement are true and correct on the date hereof. By: /s/ Xxxxxxx X. Post Name: Xxxxxxx Post Title: Treasury Director Applicantβs type & jurisdiction of organization: Private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid) Applicantβs address for notices, etc.: QUALCOMM River Holdings B.V. Science Park 400, Matrix II 1098 XH Amsterdam Attention: Managing Director with a copy to: XXXXXXXX Xxxxxxxxxxxx 0000 Xxxxxxxxx Xxxxx San Diego, CA 92121 Attention: Xxxx ------------------- Xxxxxxx X. Xxxxxxxxx, Director Email: xxxxxxxx@xxxxxxxx.xxx Applicantβs Agent for service of process per Section 24(a): The Xxxxxxxx-Xxxx Its PresidentCorporation System, duly authorized STAR GEOPHYSICAL CORPORATION ByInc. 0000 Xxxxxxxxxxx Xxxx, Xxxxx 000 Xxxx xx Xxxxxxxxxx, Xxxxxx of New Castle, Delaware ACCEPTED AND AGREED TO: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentTHE BANK OF TOKYO-MITSUBISHI UFJ, duly authorized K&B RESOURCES, INCLTD. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedXxxxxx Xxxxxx Throne Name: Xxxxxx Xxxxxx Throne Title: Director ANNEX
Appears in 1 contract
JURY TRIAL WAIVER. BORROWER, AGENT AND EACH OF THE BORROWER BANKS HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT IS A PART EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYTIMKEN COMPANY By: /s/ G. E. Little Name: G. E. Little Title: Senior V.P. - Finance KEYBANK NATIONAL ASSOCIATION, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR as Agent and as a Bank By: /s/ Marianne T. Meil Xame: Marianne T. Meil Xitle: Vice President THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) OF NEW YORK By: /s/Xxxxxxx X.Xxxx ------------------ /s/ Kenneth R. McDonnell Xame: Kenneth R. McDonnell Xitle: AVP BANK ONE, N.A. By: /s/ Glenn A. Currin Xame: Glenn A. Currin Xitle: Director MELLON BANK, N.A. By: /s/ Janis Pinsky Xame: Janis Pinsky Xitle: Assistant Vice President HSBC BANK USA By: /s/ Christopher M. Samms Xame: Christopher M. Samms Xitle: First Vice President, Officer #9426 XXXX XX XXXXXXX, X.X. By: /s/ Thomas R. Durham Xame: Thomas R. Durham Xitle: Managing Director NORTHERN TRUST COMPANY By: /s/ Roger McDougal Xame: Roger McDougal Xitle: Second Vice President REVOLVING COMMITMENT VEHICLE CORPORATION By: JPMorgan Chase, as Attorney-in-Fact for, REVOLVING COMMITMENT VEHICLE CORPORATION By: /s/ David Weintrob Xame: David Weintrob Xitle: Vice President SAN PAOLO IMI S.p.A. By: /s/ Luca Sacchi Xame: Luca Sacchi Xitle: Vice President By: /s/ Carlo Persico Xame: Carlo Persico General Manager UNITED NATIONAL BANK AND TRUST By: /s/ Leo E. Doyle Xame: Leo E. Doyle Xitle: Executive Vice President SCHEDULE 1 COMMITMENT MAXIMUM BANKING INSTITUTIONS PERCENTAGE AMOUNT ____________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION__________ KeyBank National Association 19.2899% $ 57,869,338 Bank One, N.A. 17.9644% $ 53,893,332 HSBC Bank USA (formerly known as8.9822% $ 26,946,666 Marine Midland Bank) Mellon Bank, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentN.A. 8.9822% $ 26,946,666 Bank of America, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedN.A. 8.9822% $ 26,946,666 (formerly NationsBank,N.A.) Northern Trust Company 8.9822% $ 26,946,666 Revolving Commitment Vehicle 8.9822% $ 26,946,666 Corporation The Bank of New York 8.0840% $ 24,252,000 San Paolo IMI S.p.A. (formerly 8.0840% $ 24,252,000 Istituto Bancario San Paolo di Torino Spa) United National Bank and Trust 1.6667% $ 5,000,000 _______ Total Commitment Amount 100.00% $ 300,000,000 10744809v9
Appears in 1 contract
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT CONNECTION HEREWITH OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYBANKRUPTCY SERVICES LLC FINANCIAL BALLOTING GROUP, VOLUNTARILYLLC EPIQ SYSTEMS ACQUISITION, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSINC. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION XXXXXXX-XXXXXXX CORPORATION By: /s/ Xxxxxxx Xxxxxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxx HILSOFT, INC. Xxxxxxxxx X. Xxxx Its PresidentXxxxxx Secretary, duly authorized BOLT INTERNATIONAL CORPORATION Chief Financial Officer and Treasurer By: /s/ Xxxxxxx Xxxxxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxx Xxxxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONXxxxxx Secretary NMATRIX, INC. By: /s/ Xxxxxxx Xxxxxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxx NOVARE, INC. Xxxxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION Xxxxxx Executive Vice President and Chief Financial Officer By: /s/ Xxxxxxx Xxxxxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxx Xxxxxxxxx X. Xxxx Its PresidentXxxxxx Treasurer and Secretary EPIQ ADVISORY SERVICES, duly authorized K&B RESOURCES, INC. LLC By: /s/ Xxxxxxx Xxxxxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxx Xxxxxxxxx X. Xxxx Its President, duly authorizedXxxxxx Executive Vice President and Chief Financial Officer
Appears in 1 contract
JURY TRIAL WAIVER. BORROWER, AGENT AND EACH OF THE BORROWER BANKS WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT IS A PART EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYAddress: 5960 Xxxxxxx Xxxx STERIS CORPORATION Mentor, VOLUNTARILYOhio 44060 Attention: Chief Financial By: /s/ Bill X. Xxxxxxx Officer ------------------------------------- Bill X. Xxxxxxx, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as Xxairman of the date first set forth above. THE BORROWERBoard, President, and Chief Executive Officer and /s/ Michxxx X. Xxxxxxxx, XXI ------------------------------------- Michxxx X. Xxxxxxxx, XXI, Senior Vice President and Chief Financial Officer Address: Signed in the presence ofKey Center KEYBANK NATIONAL ASSOCIATION, 127 Xxxxxx Xxxxxx as Agent and as a Bank Clevxxxxx, Xxxx 00000 Attention: BOLT TECHNOLOGY CORPORATION (As to All) Large Corporate By: /s/Xxxxxxx X.Xxxx ------------------ ___________/s/ J.T. Xxxxxx Banking Division ------------------------------------- J.T. Xxxxxx, Xxce President Address: 1900 Xxxx Xxxxx Xxxxxx NATIONAL CITY BANK, 7th Floor, Locator: 2077 as a Bank and as Documentation Agent Clevxxxxx, Xxxx 00000 Attention: Large Corporate By: /s/ Terrx X. Xxxle Group ------------------------------------- Terrx X. Xxxle, Senior Vice President Address: 600 Xxxxxxxx Xxxxxx XXXX XXX, XX, Xxxxxxxxx, Xxxx 00000-0000 as a Bank and as Syndication Agent Attention:_______________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedBabexxx Xxxxx Xxxrdt ------------------------------------- Vice President and Group Manager 57
Appears in 1 contract
JURY TRIAL WAIVER. BORROWERS, AGENT AND EACH OF THE BORROWER BANKS WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG ANY BORROWER, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY AGENT'S OR ANY BANK'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT BETWEEN BORROWERS, AGENT AND THE BANKS, OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTHEREOF. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYAgreed to and accepted this 13th day of May, VOLUNTARILY2002. ADVANCED LIGHTING TECHNOLOGIES, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSVENTURE LIGHTING POWER INC. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOANSYSTEMS NORTH AMERICA INC. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to Allfka Canadian Lighting Systems Holding, Incorporated) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION Steven C. Potts By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentR. Douglas Oulton -------------------------------- -------------------------------- Steven C. Potts, duly authorized BOLT INTERNATIONAL CORPORATION Title: VP-Finance & Administration Xxxxx Financial Officer ----------------------------- VENTURE LIGHTING EUROPE PARRY POWER SYSTEMS LIMITED LTD. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS E. Young By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION ByS. D. Weaver -------------------------------- -------------------------------- Title: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONDirector Title: Director ----------------------------- ----------------------------- NATIONAL CITY COMMERCIAL SOVEREIGN BANK FINANCE, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION Dennis G. Hatvany By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentMichelle A. Walcoff -------------------------------- -------------------------------- Title: Vice President Title: Senior Vice President ----------------------------- ----------------------------- PNC BANK, duly authorized K&B RESOURCESNATIONAL ASSOCIATION, INC. as Agent and as a Bank By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentRichard F. Muse, duly authorizedJr -------------------------------- Title: Vice Xxxxxxxxx ----------------------------- GUARANTOR ACKNOWLEDGMENT Each of the undersigned consents and agrees to and acknowledges the terms of the foregoing Agreement. Each of the undersigned further agrees that the obligations of each of the undersigned pursuant to the Guaranty of Payment executed by each of the undersigned shall remain in full force and effect and be unaffected hereby. ADLT Realty Corp. I, Inc. ADLT Services, Inc. APL Engineered Materials, Inc. Ballastronix (Delaware), Inc. Lighting Resources International, Inc. Microsun Technologies, Inc. Venture Lighting International, Inc. By: /s/ Steven C. Potts ------------------------------------- Name: Steven C. Potts ----------------------------------- Title: Chief Financial Officer ---------------------------------- of each of the companies listed above Deposition Sciences, Inc. By: /s/ Steven C. Potts ------------------------------------- Name: Steven C. Potts ----------------------------------- Title: Chief Financial Officer ---------------------------------- signing for each of the companies listed above by Power of Attorney
Appears in 1 contract
Samples: Credit Agreement (Advanced Lighting Technologies Inc)
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT CONNECTION HEREWITH OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYXXXXX ENTERPRISES β SOUTH AFRICA, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSINC. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION MCQUEEN INTERNATIONAL INCORPORATED By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION Xxxxxx By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxx Name: Xxxxx X. Xxxx Its PresidentXxxxxx Name: Xxxxx X. Xxxxxx Title: Vice President & Secretary Title: Secretary SYKES REALTY, duly authorized DUKE PLACE INVESTMENTS INC. SYKES E-COMMERCE, INCORPORATED By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION Xxxxxx By: /s/ W. Xxxxxxx Xxxxxxx Name: Xxxxx X. Xxxx ------------------- Xxxxxx Name: W. Xxxxxxx X. Xxxx Its PresidentXxxxxxx Title: President & Secretary Title: President SYKES GLOBAL HOLDINGS, duly authorized CRITERION EXPLORATIONLLC XXXXX XX HOLDINGS, INC. LLC By: /s/ W. Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ W. Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its Name: W. Xxxxxxx Xxxxxxx Name: W. Xxxxxxx Xxxxxxx Title: Senior Vice President Title: Senior Vice President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized
Appears in 1 contract
JURY TRIAL WAIVER. BORROWERS, AGENT AND EACH OF THE BORROWER BANKS WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG ANY BORROWER, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY AGENT'S OR ANY BANK'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT BETWEEN BORROWERS, AGENT AND THE BANKS, OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTHEREOF. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYADVANCED LIGHTING TECHNOLOGIES CANADIAN LIGHTING SYSTEMS HOLDING, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION INCORPORATED By: /s/ Xxxxxxx Stevxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION Xxxxx By: /s/ Xxxxxxx R. G. Dougxxx Xxxxxx --------------------------------- ---------------------------- Stevxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXxxxx, duly authorized DUKE PLACE INVESTMENTS ByTitle: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentVP Finance and Administration Chief Financial Officer -------------------------------- VENTURE LIGHTING POWER SYSTEMS, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, VENTURE LIGHTING EUROPE NORTH AMERICA INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC(f.k.a. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedBallastronix LTD. Incorporated)
Appears in 1 contract
Samples: Seventh Amendment Agreement (Advanced Lighting Technologies Inc)
JURY TRIAL WAIVER. THE BORROWER AND GUARANTORS LENDER WAIVE TRIAL BY ANY RIGHT TO HAVE A JURY PARTICIPATE IN ----------------- RESOLVING ANY COURT DISPUTE, WHETHER SOUNDING IN ANY SUITCONTRACT, ACTIONTORT OR OTHERWISE, PROCEEDING BETWEEN BORROWER AND LENDER, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR ANY MATTER ARISING INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM IN CONNECTION WITH THIS AGREEMENT OR THE NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY LENDERβS ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN THE NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE BETWEEN BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYLENDER. Address: 00000 X. Xxxxxxxxx Xx., VOLUNTARILYXxx. 000 THE JOINT CORP. Xxxxxxxxxx, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWERXxxxxxx 00000 Attention: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx Xxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx Xxxxx X. Xxxx Its PresidentTitle: Chief Executive Officer Address: 0000 Xxxxxxxx Xxxx., duly authorized BOLT INTERNATIONAL CORPORATION ByXxx. 000 TOWER 7 PARTNERSHIP LLC Xxxxxxxx Xxx., Xxxx 00000 Attention: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXβXxxxx, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INCEsq. By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx XxXxxxx Name: Xxxxxx X. Xxxx Its PresidentXxXxxxx Title: Manager, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentTower 1 Partnership, duly authorized K&B RESOURCESLLC EXHIBIT A REVOLVING CREDIT NOTE $5,000,000 Cleveland, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentOhio January __, duly authorized2016 FOR VALUE RECEIVED, the undersigned, THE JOINT CORP., a Delaware corporation (βBorrowerβ), promises to pay, on the last day of the Revolving Credit Commitment Period, as defined in the Credit and Security Agreement (as hereinafter defined), to the order of Tower 7 Partnership LLC, an Ohio limited liability company (βLenderβ), at its office at 0000 Xxxxxxxx Xxxx., Xxxxx 000, Xxxxxxxx Xxxxxxx, Ohio 44124, or at such other place as Lender shall designate, the principal sum of FIVE MILLION 00/100 DOLLARS
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JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT CONNECTION HEREWITH OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYMCQUEEN INTERNATIONAL INCORPORATED SYKES E-COMMERCE, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION INCORPORATED By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION Xxxxxx By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxx Name: Xxxxx X. Xxxx Its PresidentXxxxxx Name: Xxxxx X. Xxxxxx Title: President & Secretary Title: President & Secretary XXXXX XX HOLDINGS, duly authorized DUKE PLACE INVESTMENTS LLC SYKES ACQUISITION, LLC By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION Xxxxxx By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxx Name: Xxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONXxxxxx Name: Xxxxx X. Xxxxxx Title: President & Secretary Title: President & Secretary XXXXX ENTERPRISES β SOUTH AFRICA, INC. SYKES GLOBAL HOLDINGS, LLC By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION Xxxxxx By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxx Name: Xxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. ByXxxxxx Name: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedXxxxxx Title: President & Secretary Title: President & Secretary
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JURY TRIAL WAIVER. BORROWER, AGENT AND EACH OF THE BORROWER BANKS, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT IS A PART EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) STANDARD REGISTER COMPANY By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ /S/ XXXXX X. XXXXX Name: Xxxxx X. Xxxxx Title: SR VP, Treasurer & CFO KEYBANK NATIONAL ASSOCIATION, as Agent and as a Bank By: /S/ XXXXXXX X. XXXX, XX. Name: Xxxxxxx X. Xxxx Its PresidentXxxx, duly authorized __________________________ THE BANKXx. Title: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION BANK OF NEW YORK By: /s/ /S/ XXXXXXX X. XXXXXXXXX Name: Xxxxxxx X. XxXxxxxxx Title: Vice President BANK ONE, N.A., fka Bank One, Michigan By: /S/ XXXXXX XXXXXXX Name: Xxxxxx Xxxxxxx Title: Director FIFTH THIRD BANK By: /S/ XXXX X. XXXXXXX Name: Xxxx ------------------- X. Xxxxxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION, fka FirstStar Bank, N.A. By: /S/ XXXXXX X. XXXX Name: Xxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION Title: Regional President XXXXXX TRUST AND SAVINGS BANK By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS Name: Title: X.X. XXXXXX XXXXX BANK By: /s/ Xxxxxxx /S/ XXXXX X. Xxxx ------------------- Xxxxxxx XXXXX Name: Xxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION Xxxxx Title: Vice President NATIONAL CITY BANK By: /s/ Xxxxxxx /S/ XXXX X. XXXXXX Name: Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXxxxxx Title: Senior Vice President BANK OF AMERICA, duly authorized CRITERION EXPLORATION, INC. N.A. By: /s/ Xxxxxxx /S/ XXXX X. XXXXXXXX Name: Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXxxxxxxx Title: Managing Director LASALLE BANK NATIONAL ASSOCIATION, duly authorized STAR GEOPHYSICAL CORPORATION as assignee of Standard Federal Bank By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President/S/ XXXXXX XXXXX Name: Xxxxxx Xxxxx Title: Assistant Vice President # SCHEDULE 1 Banks and Commitments Banking Institution Tranche A Commitment Percentage Tranche A Commitment Amount Tranche B Commitment Percentage Tranche B Commitment Amount Maximum Amount KeyBank National Association 23.529412% $ 35,294,118.00 0 % $0.00 $ 35,294,118.00 X.X. Xxxxxx Chase Bank 11.764706% $ 17,647,059.00 0 % $0.00 $ 17,647,059.00 National City Bank 11.764706% $ 17,647,059.00 0 % $0.00 $ 17,647,059.00 Fifth Third Bank 9.803922% $ 14,705,883.00 0 % $0.00 $ 14,705,883.00 The Bank of New York 7.843137% $ 11,764,705.50 0 % $0.00 $ 11,764,705.50 Bank One, duly authorized K&B RESOURCESN.A. 7.843137% $ 11,764,705.50 0 % $0.00 $ 11,764,705.50 U.S. Bank National Association 7.843137% $ 11,764,705.50 0 % $0.00 $ 11,764,705.50 Xxxxxx Trust and Savings Bank 7.843137% $ 11,764,705.50 0 % $0.00 $ 11,764,705.50 Bank of America, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedN.A. 7.843137% $ 11,764,705.50 0 % $0.00 $ 11,764,705.50 LaSalle Bank National Association 3.921569% $ 5,882,353.50 0 % $0.00 $ 5,882,353.50 100.000000% $150,000,000.00 Total Commitment Amount $150,000,000.00
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JURY TRIAL WAIVER. BORROWER, AGENT AND EACH OF THE BORROWER BANKS HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT IS A PART EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) DAVEY TREE EXPERT COMPANY By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Executive Vice President, CFO & Secretary and /s/ Xxxxxx X. Xxxx Its PresidentName: Xxxxxx X. Xxxx Title: Treasurer KEYBANK NATIONAL ASSOCIATION, duly authorized __________________________ THE as Agent and as a Bank By: /s/ Xxxxx X. Xxxxx Name: /s/ Xxxxx X. Xxxxx Title: Vice President FIRSTMERIT BANK, N.A. By: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Name: Xxxxxx X. Xxxxxx Its Title: Senior Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATIONPNC BANK, formerly known as, CUSTOM ACQUISITION CORPORATION NATIONAL ASSOCIATION By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxx Name: Xxxxxx X. Xxxx Its PresidentXxxxx Title: Sr. Vice President XXXXX FARGO BANK, duly authorized BOLT INTERNATIONAL CORPORATION N.A. By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx Cavallari Name: Xxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS ByCavallari Title: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedVice President GUARANTOR ACKNOWLEDGMENT AND AGREEMENT
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JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT CONNECTION HEREWITH OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYBANKRUPTCY SERVICES LLC FINANCIAL BALLOTING GROUP, VOLUNTARILYLLC EPIQ SYSTEMS ACQUISITION, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSINC. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY XXXXXXX-XXXXXXX CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONHILSOFT, INC. By: /s/ Xxxxxxx Xxxxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION Xxxxxx By: /s/ Xxxxxxx /s/Xxxxxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxx Xxxxxxxxx X. Xxxx Its PresidentXxxxxx Xxxxxxxxx X. Xxxxxx Secretary Secretary, duly authorized K&B RESOURCESChief Financial Officer and Treasurer NOVARE, INC. NMATRIX, INC. By: /s/ Xxxxxxx Xxxxxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxx By: /s/Xxxxxxxxx X. Xxxx Its President, duly authorizedXxxxxx Xxxxxxxxx X. Xxxxxx Xxxxxxxxx X. Xxxxxx Treasurer and Secretary Executive Vice President and ChiefFinancial Officer
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JURY TRIAL WAIVER. BORROWER, AGENT, THE BORROWER BANKS AND GUARANTORS EACH GUARANTOR HEREBY WAIVE TRIAL BY ANY RIGHT TO HAVE A JURY PARTICIPATE IN ----------------- RESOLVING ANY COURT DISPUTE, WHETHER SOUNDING IN ANY SUITCONTRACT, ACTIONTORT OR OTHERWISE, PROCEEDING AMONG BORROWER, AGENT, THE BANKS, EACH GUARANTOR, OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY AGENT'S OR ANY BANK'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT AMONG BORROWER, AGENT AND THE BANKS, OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTHEREOF. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION AMCAST INDUSTRIAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Name: Xxxxxxx X. Xxxx Its PresidentTitle: Vice President KEYBANK NATIONAL ASSOCIATION, duly authorized BOLT INTERNATIONAL CORPORATION as Agent and as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Vice President INTESABCI - CHICAGO BRANCH (successor in interest to Banca Comerciale Italiana) By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President and /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President THE BANK OF NEW YORK By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx Name: Xxxxxxx X. Xxxx Its PresidentXxxxxxx Title: Vice President BANK ONE INDIANA, duly authorized DUKE PLACE INVESTMENTS N.A. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxx Name: Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION Xxxxxx Title: Vice President CREDIT AGRICOLE INDOSUEZ (successor in interest to Caisse Nationalede Credit Agricole) By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President and /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INCTitle: V.P./ Sr.Relationship Mgr. COMERICA BANK By: /s/ Xxxxxxx Xxxxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxx Name: Xxxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION Xxxxxx Title: Vice President UNICREDITO ITALIANO SPA By: Name: Xxxxxxxxxxx X. Xxxxx Title: F.V.P. & Deputy Manager and Name: Xxxxxx X. Xxxxx Title: Vice President SANPAOLO IMI S.p.A. By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: V.P. and /s/ Xxxxx Xxxxxxx X. Xxxx ------------------- Name: Xxxxx Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. ByTitle: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedG.M.
Appears in 1 contract
Samples: Eighth Amendment Agreement (Amcast Industrial Corp)
JURY TRIAL WAIVER. THE BORROWER AND GUARANTORS LENDER WAIVE TRIAL BY ANY RIGHT TO HAVE A JURY PARTICIPATE IN ----------------- RESOLVING ANY COURT DISPUTE, WHETHER SOUNDING IN ANY SUITCONTRACT, ACTIONTORT OR OTHERWISE, PROCEEDING BETWEEN BORROWER AND LENDER, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR ANY MATTER ARISING INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY LENDER'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE BETWEEN BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYLENDER. Address: Pinnacle Data Systems, VOLUNTARILYInc. PINNACL DATA SYSTEMS, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSINC. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER0000 Xxxx Xxxx Xxxxxxxxx, Xxxx 00000 Attn: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION Xxxxx- By: /s/ Xxxxxxx X. Xxxxx -------------------- its: EVP and CFO Address: KeyBank National Association KEYBANK NATIONAL ASSOCIATION 00 Xxxx ------------------- Xxxxxxx X. Xxxxx Xxxxxx Xxxxxxxx, Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION 00000 Attn: Xxxxx .X. Xxxxxxxx By: /s/ Xxxxxxx Xxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXxxxxx ------------------ Its: Vice President Exhibit I Exhibit A Pinnacle Data Systems, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INCInc. KeyBank National Association Borrowing Base Certificate For the Month Ending Accounts Receivable Less Receivables over 90 days Eligible Accounts Receivable Advance Rate x 85% A/R Availability Eligible Inventory Advance Rate INV. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedAvailability* (b) *The portion of the borrowing base calculated on Eligible Inventory shall be capped at $2,000,000 Total Availability (a+b) (c) x 50%
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JURY TRIAL WAIVER. BORROWER, AGENT, THE BORROWER BANKS AND GUARANTORS EACH GUARANTOR HEREBY WAIVE TRIAL BY ANY RIGHT TO HAVE A JURY PARTICIPATE IN ----------------- RESOLVING ANY COURT DISPUTE, WHETHER SOUNDING IN ANY SUITCONTRACT, ACTIONTORT OR OTHERWISE, PROCEEDING AMONG BORROWER, AGENT, THE BANKS, EACH GUARANTOR, OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY AGENT'S OR ANY BANK'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT AMONG BORROWER, AGENT AND THE BANKS, OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTHEREOF. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION AMCAST INDUSTRIAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Name: Xxxxxxx X. Xxxx Its PresidentTitle: Vice President KEYBANK NATIONAL ASSOCIATION, duly authorized BOLT INTERNATIONAL CORPORATION as Agent and as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Vice President BANK ONE INDIANA, N.A. By: /s/ Xxxxxxx X Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President THE BANK OF NEW YORK By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx Name: Xxxxxxx X. Xxxx Its PresidentXxxxxxx Title: Vice President FISTAR BANK, duly authorized DUKE PLACE INVESTMENTS N.A. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxxxx Name: Xxxx Its President, duly authorized BOLT EXPORT CORPORATION Xxxxxx Title: AVP CREDIT AGRICOLE INDOSUEZ By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President and /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INCTitle: V.P./ Sr.Relationship Mgr. COMERICA BANK By: /s/ Xxxxxxx Xxxxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxx Name: Xxxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION Xxxxxx Title: Vice President NATIONAL CITY BANK By: /s/ Xxxxxxx Xxxx X. Xxxxxx Name: Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. ByXxxxxx Title: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedSenior Vice President EXHIBIT C COMPLIANCE CERTIFICATE For Fiscal Quarter ended THE UNDERSIGNED HEREBY CERTIFY THAT:
Appears in 1 contract
Samples: Second Amendment Agreement (Amcast Industrial Corp)
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT CONNECTION HEREWITH OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYAGILYSYS CA, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSINC. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONAGILYSYS DE, INC. By: /s/ Xxxxxxx Mxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION Xxxxx By: /s/ Xxxxxxx Txxx Xxxxxx Name: Mxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its Xxxxx Name: Txxx Xxxxxx Title: Vice President, duly authorized K&B RESOURCESTreasurer & Assistant Secretary Title: President, Treasurer & Secretary AGILYSYS MD, INC. AGILYSYS NV, LLC By: /s/ Txxx Xxxxxx By: /s/ Txxx Xxxxxx Name: Txxx Xxxxxx Name: Txxx Xxxxxx Title: President, Treasurer & Secretary Title: Vice President & General Manager INFOGENESIS AGILYSYS NJ, INC. By: /s/ Xxxxxxx Txxx Xxxxxx By: /s/ Mxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxx Name: Txxx Xxxxxx Name: Mxxxxx X. Xxxx Its Xxxxx Title: President, duly authorizedTreasurer & Secretary Title: Vice President, Treasurer & Assistant Secretary Signature Page to the Acknowledgment and Agreement SCHEDULE 3 GUARANTORS OF PAYMENT Domestic Guarantors of Payment Agilysys CA, Inc., a California corporation Agilysys DE, Inc., a Delaware corporation Agilysys MD, Inc., a Maryland corporation Agilysys NJ, a New Jersey corporation Agilysys NV, LLC, a Delaware limited liability company Infogenesis, a California corporation Foreign Guarantors of Payment None as of the Closing Date.
Appears in 1 contract
JURY TRIAL WAIVER. EACH BORROWER, AGENT AND EACH OF THE BORROWER BANKS WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT IS A PART EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE DEFENSE OR ENFORCEMENT OF ANY OF TRANSACTIONS RELATED THERETO. Address: 00000 Xxxxxxx Xxxx Westlake, Ohio 44145 Attention: President, Chief Financial and Administrative Officer NORDSON CORPORATION By: Name: Xxxxx X. Xxxxxxx Title: President, Chief Financial and Administrative Officer Address: KeyTower 000 Xxxxxx Xxxxxx Xxxxxxxxx, Xxxx 00000 Attention: KCIB Loan Services KEYBANK NATIONAL ASSOCIATION, as Co-Lead Arranger and Administrative Agent and as a Bank By: Name: Xxxxxx X. Xxxxxxx Title: Senior Vice President [Other Signature Pages to Follow] Address: [ ] [ ] [ ] [ ] [ ] By: Name: Title: ============================================================================================= ============================================= CREDIT AGREEMENT among NORDSON CORPORATION, and other entities named herein, as Borrowers, THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHFINANCIAL INSTITUTIONS NAMED HEREIN as Banks, KEYBANK NATIONAL ASSOCIATION, as Co-Lead Arranger and Administrative Agent, X.X. XXXXXX SECURITIES INC. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYas Co-Lead Arranger, VOLUNTARILYJPMORGAN CHASE BANK, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR N.A. as Syndication Agent, THE BANK TO EXTEND THIS OF TOKYO-MITSUBISHI UFJ, LTD. as Co-Documentation Agent and BMO CAPITAL MARKETS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOANINC. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ _____Co-Documentation Agent _____________________ Xxxxxxx X. Xxxx Its Presidentdated as of July 13, duly authorized _____2007 _____________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized==================================================================================================== ======================================
Appears in 1 contract
Samples: Credit Agreement (Nordson Corp)
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG THE BORROWER, THE ADMINISTRATIVE AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS GUARANTOR ACKNOWLEDGMENT AND AGREEMENT, THE AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT AFFECT, WAIVE, LIMIT, AMEND OR MODIFY THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY ABILITY OF THE BORROWER'S ADMINISTRATIVE AGENT AND GUARANTORS' RIGHTS AND LENDERS TO PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN CONNECTION THEREWITH. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYANY NOTE OR OTHER INSTRUMENT, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION DOCUMENT OR AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. AMONG THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President ADMINISTRATIVE AGENT, LENDERS AND THE GUARANTORS: CUSTOM PRODUCTS CORPORATIONUNDERSIGNED. GENERAL ALUMINUM FORGINGS, formerly known asLLCT & W FORGE, CUSTOM ACQUISITION CORPORATION LLCQUALITY ALUMINUM FORGE, LLC By: /s/ Xxxxxxxxx Xxxxxxx X. Xxxx ------------------- Xxxxxxxxx Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedTreasurer Signature Page to Guarantor Acknowledgment and Agreement SCHEDULE 1 COMMITMENTS OF LENDERS LENDERS REVOLVING CREDITCOMMITMENTPERCENTAGE REVOLVINGCREDITCOMMITMENTAMOUNT TERM LOANCOMMITMENTPERCENTAGE TERM LOANCOMMITMENTAMOUNT MAXIMUM AMOUNT KeyBank National Association 62.1474508300000% $21,751,607.79 62.1474508300000% $2,875,842.22 $24,627,450.01 Presidential Financial Corporation 37.8525491700000% $13,248,392.21 37.8525491700000% $1,751,607.79 $15,000,000.00 Total Commitment Amount 100% $35,000,000 100% $4,627,450.01 $39,627,450.01
Appears in 1 contract
JURY TRIAL WAIVER. THE BORROWER AND GUARANTORS LENDER WAIVE TRIAL BY ANY RIGHT TO HAVE A JURY PARTICIPATE IN ----------------- RESOLVING ANY COURT DISPUTE, WHETHER SOUNDING IN ANY SUITCONTRACT, ACTIONTORT OR OTHERWISE, PROCEEDING BETWEEN BORROWER AND LENDER, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR ANY MATTER ARISING INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM IN CONNECTION WITH THIS AGREEMENT OR THE NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY LENDERβS ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN THE NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE BETWEEN BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYLENDER. Address: 00000 X. Xxxxxxxxx Xx., VOLUNTARILYXxx. 000 THE JOINT CORP. Xxxxxxxxxx, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWERXxxxxxx 00000 Attention: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx Xxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx Xxxxx X. Xxxx Its PresidentTitle: Chief Executive Officer Address: 0000 Xxxxxxxx Xxxx., duly authorized BOLT INTERNATIONAL CORPORATION ByXxx. 000 TOWER 7 PARTNERSHIP LLC Xxxxxxxx Xxx., Xxxx 00000 Attention: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXβXxxxx, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INCEsq. By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx XxXxxxx Name: Xxxxxx X. Xxxx Its PresidentXxXxxxx Title: Manager, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentTower 1 Partnership, duly authorized K&B RESOURCESLLC [Signature Page to Credit and Security Agreement] EXHIBIT A REVOLVING CREDIT NOTE $5,000,000 Cleveland, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentOhio January __, duly authorized2016 FOR VALUE RECEIVED, the undersigned, THE JOINT CORP., a Delaware corporation (βBorrowerβ), promises to pay, on the last day of the Revolving Credit Commitment Period, as defined in the Credit and Security Agreement (as hereinafter defined), to the order of Tower 7 Partnership LLC, an Ohio limited liability company (βLenderβ), at its office at 0000 Xxxxxxxx Xxxx., Xxxxx 000, Xxxxxxxx Xxxxxxx, Ohio 44124, or at such other place as Lender shall designate, the principal sum of FIVE MILLION 00/100 DOLLARS
Appears in 1 contract
Samples: Credit and Security Agreement
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG THE BORROWER, THE ADMINISTRATIVE AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS GUARANTOR ACKNOWLEDGMENT AND AGREEMENT, THE AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT AFFECT, WAIVE, LIMIT, AMEND OR MODIFY THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY ABILITY OF THE BORROWER'S ADMINISTRATIVE AGENT AND GUARANTORS' RIGHTS AND LENDERS TO PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN CONNECTION THEREWITH. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYANY NOTE OR OTHER INSTRUMENT, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION DOCUMENT OR AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. AMONG THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) , THE ADMINISTRATIVE AGENT, LENDERS AND THE UNDERSIGNED. GENERAL ALUMINUM FORGINGS, LLCT & W FORGE, LLCQUALITY ALUMINUM FORGE, LLC By: /s/Xxxxx Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxx Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedSignature Page to Guarantor Acknowledgment and Agreement SCHEDULE 1 COMMITMENTS OF LENDERS LENDERS REVOLVING CREDITCOMMITMENTPERCENTAGE REVOLVINGCREDITCOMMITMENTAMOUNT TERM LOANCOMMITMENTPERCENTAGE TERM LOANCOMMITMENTAMOUNT MAXIMUM AMOUNT KeyBank National Association 62.1474508300000% $18,644,235.25 62.1474508300000% $2,573,122.00 $21,217,357.25 Presidential Financial Corporation 37.8525491700000% $11,355,764.75 37.8525491700000% $1,567,228.03 $12,922,992.78 Total Commitment Amount 100% $30,000,000 100% $4,140,350.03 $34,140,350.03
Appears in 1 contract
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT CONNECTION HEREWITH OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSCINTAS CORPORATION CINTAS CORPORATION NO. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION 3 By: /s/ J. Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION Xxxxxx By: /s/ J. Xxxxxxx X. Xxxx ------------------- Xxxxxx Name: J. Xxxxxxx X. Xxxx Its PresidentXxxxxx Name: J. Xxxxxxx Xxxxxx Title: Vice President & Treasurer Title: Vice President & Treasurer CINTAS CORP. NO. 8, duly authorized DUKE PLACE INVESTMENTS INC. CINTAS β RUS, L.P. By: Cintas Corp. No. 8, Inc., its general partner By: /s/ J. Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION Xxxxxx By: /s/ J. Xxxxxxx X. Xxxx ------------------- Xxxxxx Name: J. Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONXxxxxx Name: J. Xxxxxxx Xxxxxx Title: Vice President & Treasurer Title: Vice President & Treasurer CINTAS CORP. NO. 15, INC. By: /s/ J. Xxxxxxx X. Xxxx ------------------- Xxxxxx Name: J. Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION ByXxxxxx Title: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedVice President & Treasurer Signature Page to Guarantor Acknowledgment and Agreement
Appears in 1 contract
JURY TRIAL WAIVER. THE BORROWER EACH PARTY HERETO IRREVOCABLY WAIVES ANY AND GUARANTORS WAIVE ALL RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUIT, ACTION, PROCEEDING OR CLAIM OF ANY MATTER ARISING IN CONNECTION WITH OR IN ANY WAY RELATED NATURE RELATING TO THIS MODIFICATION AGREEMENT AGREEMENT, OR ANY TRANSACTION CONTEMPLATED HEREIN. EACH PARTY HERETO ACKNOWLEDGES THAT THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT FOREGOING WAIVER IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S KNOWING AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHVOLUNTARY. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYThis Agreement has been signed by the duly authorized officers or representatives of Company, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of Secured Party and Bank on the date first set forth abovespecified below. THE BORROWERDate: Signed in the presence ofJanuary 31, 2014 Collateral Account Numbers: BOLT TECHNOLOGY CORPORATION (As to All) BySee Exhibit βAβ attached hereto. Secured Party Account Number: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its PresidentBank of Secured Party Account: [Insert bank name and bank ABA number] GLOBAL GEOPHYSICAL SERVICES, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATIONINC. GGS LEASE CO., formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONINC. TPG SPECIALTY LENDING, INC. By: /s/ Xxxxxxx XXXX X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION XXXX By: /s/ Xxxxxxx XXXXXXX XXXXXXX Name: Xxxx X. Xxxx ------------------- Name: Xxxxxxx Xxxxxxx Title: Senior Vice President & Chief Financial Officer Title: CEO Address for Notices: Address for Notices: 00000 X. Xxxx Its PresidentXxxxxxx Road 000 0xx Xxxxxx, duly authorized K&B RESOURCES0xx Xxxxx Xxxxxxxx Xxxx, INC. Xxxxx 00000-0000 Xxx Xxxx, XX 00000 Attn: Attn: Xxxxxx X. Xxxxxx XXXXX FARGO BANK, NATIONAL ASSOCIATION By: /s/ Xxxxxxx X. XXXXX XXXXXX Name: Xxxxx Xxxxxx Title: Business Banking Manager Address for Notices: Xxxxxxxxx Xxxxxx, 0xx Xxxxx Xxxxxxx, XX 00000 Attention: Xxxxx Xxxxxx with a copy to: Xxx Xxxxx, BRM 0000 Xxxx ------------------- Xxxxxxx X. Xxx Xxxxxxxxx, Xxxxx 0000 Xxxxxxx, XX 00000 Xxxx Its PresidentXxxxxxxxx, duly authorizedBBM 0000 Xxxx Xxx Xxxxxxxxx, Xxxxx 0000 Xxxxxxx, XX 00000 Xxxxx Xxxxx, BA 0000 Xxxx Xxx Xxxxxxxxx, Xxxxx 0000 Xxxxxxx, XX 00000 Exhibit βAβ Company Account Global Geophysical Services, Inc. 8429980983 Global Geophysical Services, Inc. 8964670833 GGS Lease Co., Inc. 9043440404
Appears in 1 contract
Samples: Deposit Account Control Agreement (Global Geophysical Services Inc)
JURY TRIAL WAIVER. BORROWER, AGENT AND EACH OF THE BORROWER BANKS WAIVE ANY RIGHT TO HAVE a JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY AGENT'S OR ANY BANK'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT AMONG BORROWER, AGENT AND THE BANKS, OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTHEREOF. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYAddress: 7887 Xxxxxxxxxx Xxxxxxx Xxxxx AMCAST INDUSTRIAL CORPORATION ------------------------------ Daytxx, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK XX 00000 By /s/ John X. Xxxxx ------------------------------ ------------------------------ John X. Xxxxx, Xxesident and Chief Executive Officer and ------------------------------- ------------------------------- Address: Key Center KEYBANK NATIONAL ASSOCIATION, 127 Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORSas Agent and as a Bank Clevxxxxx, Xxxx 00000-0000 Attention: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION Large Corporate By: /s/ Michxxx X. Xxxxxxx Banking Division ------------------------------- Michxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its Xxxxxxx, Xxsistant Vice President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized
Appears in 1 contract
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT CONNECTION HEREWITH OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSAIR VENT INC. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION ALABAMA METAL INDUSTRIES CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION Xxxxx By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxx Name: Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS ByXxxxx Name: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXxxxx Title: Chief Financial Officer Title: Chief Financial Officer APPLETON SUPPLY CO., duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONINC. CLEVELAND PICKLING, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION Xxxxx By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxx Name: Xxxxxxx X. Xxxx Its PresidentXxxxx Name: Xxxxxxx X. Xxxxx Title: Chief Financial Officer Title: Chief Financial Officer CONSTRUCTION METALS, duly authorized K&B RESOURCESLLC DIAMOND PERFORATED METALS, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxx By: /s/ Xxxxxxx X. Xxxx Its PresidentXxxxx Name: Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Chief Financial Officer Title: Chief Financial Officer DRAMEX INTERNATIONAL INC XXXXXXXX CORPORATION By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Chief Financial Officer Title: Chief Financial Officer XXXXXXXX CORPORATION OF KANSAS GIBRALTAR INTERNATIONAL, duly authorizedINC. By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Chief Financial Officer Title: Chief Financial Officer GIBRALTAR STRIP STEEL, INC. K & W METAL FABRICATORS, LLC By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Chief Financial Officer Title: Chief Financial Officer XXXX/NORWESCO, LLC SEA SAFE, INC. By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Chief Financial Officer Title: Chief Financial Officer SOLAR GROUP, INC. SOLAR OF MICHIGAN, INC. By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Chief Financial Officer Title: Chief Financial Officer SOUTHEASTERN METALS MANUFACTURING COMPANY, INC. UNITED STEEL PRODUCTS COMPANY, INC. By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Chief Financial Officer Title: Chief Financial Officer SCHEDULE 1 COMMITMENT OF LENDERS COMMITMENT REVOLVING PERCENTAGE CREDIT FOR REVOLVING COMMITMENT REVOLVING LENDERS LENDERS AMOUNT KeyBank National Association 12.00 % $ 24,000,000.00 Manufacturers and Traders Trust Company 10.13 % $ 20,266666.67 JPMorgan Chase Bank, N.A. 9.33 % $ 18,666,666.67 BMO Capital Markets Financing, Inc. (through Xxxxxx X.X., as a Fronting Lender) 9.33 % $ 18,666,666.67 HSBC Bank USA, National Association 9.33 % $ 18,666,666.67 Bank of America, N.A. (successor by merger to Fleet National Bank) 9.33 % $ 18,666,666.67 PNC Bank, National Association (successor to National City Bank) 9.33 % $ 18,666,666.67 US Bank, National Association 8.80 % $ 17,600,000.00 RBS Citizens, National Association 6.69 % $ 13,333,333.33 Citibank, N.A. 6.13 % $ 12,266,666.65 Comerica Bank 5.60 % $ 11,200,000.00 PNC Bank, National Association 4.00 % $ 8,000,000.00 Maximum Revolving Amount 100 % $ 200,000,000.00 Total Commitment Amount $ 200,000,000 EXHIBIT A ASSETS TO BE SOLD PROCESSED METAL PRODUCTS DISPOSITION A substantial portion of the assets of the Borrowersβ Processed Metals Division including (i) the assets of the Borrowers Cleveland Pickling joint venture, (ii) substantially all of the real property and tangible personal property located at the Woodhaven Avenue, Detroit, Michigan facility excluding cash and (iii) substantially all of the tangible personal property located at the Xxxxxx Avenue, Cheektowaga, New York facility excluding cash.* *Up to Twenty-Four Million Dollars ($24,000,000) of accounts receivable may be retained by Borrowers pursuant to the Processed Metal Products Purchase Agreement
Appears in 1 contract
Samples: First Amendment Agreement (Gibraltar Industries, Inc.)
JURY TRIAL WAIVER. EACH BORROWER, AGENT AND EACH BANK, TO THE BORROWER EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT IS A PART EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOANTRANSACTIONS RELATED THERETO. Executed to be effective and delivered as of the date first set forth aboveabove in Dayton, Ohio. THE BORROWERAddress: Signed in the presence of0000 Xxxxxx Xxxxxx Xxxxxx, XX 00000 Attention: BOLT TECHNOLOGY CORPORATION Xxxxx Xxxxxxxx Fax: (As to All000) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President000-0000 MTC TECHNOLOGIES, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATIONINC., formerly known as, CUSTOM ACQUISITION CORPORATION a Delaware corporation By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxxxx Name: Xxxxxxx X. Xxxx Its PresidentXxxxxxxxx Title: Senior Vice President and Chief Financial Officer Address: 0000 Xxxxxx Xxxxxx Xxxxxx, duly authorized BOLT INTERNATIONAL CORPORATION XX 00000 Attention: Xxxxx Xxxxxxxx Fax: (000) 000-0000 MTC TECHNOLOGIES, INC., an Ohio corporation By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Senior Vice President and Chief Financial Officer Address: 000 Xxxxxx Xxxxxx XXX. 00-0000 Xxxxxxxxx, Xxxx 00000 Attention: Capital Markets Division - Loan Syndications Fax: (000) 000-0000 NATIONAL CITY BANK, as Agent and as a Bank By: /s/ Xxxx X. Xxxxxx Name: Xxxx ------------------- Xxxxxxx X. Xxxxxx Title: Senior Vice President Address: 000 Xxxx Its PresidentXxxxxx Xxxxxx 00xx Xxxxx Xxxxxxx-Xxxxx, duly authorized DUKE PLACE INVESTMENTS XX 00000 Attention: Xxxxxx Xxxx Fax: (000) 000-0000 BRANCH BANKNG AND TRUST COMPANY, as Syndication Agent and as a Bank By: /s/ Xxxxxxx X. Xxxx ------------------- A. Bass Name: Xxxxxxx X. Xxxx Its PresidentTitle: Senior Vice President Address: 00 Xxxxx Xxxx Xxxxxx Xxxxxx XX 00000 Attention: Xxxxxxx Xxxxxxxx Fax: (000) 000-0000 KEYBANK NATIONAL ASSOCIATION, duly authorized BOLT EXPORT CORPORATION as Co-Documentation Agent and as a Bank By: /s/ R. Xxxxxxx Xxxxxxxx Name: R. Xxxxxxx Xxxxxxxx Title: Vice President Address: 000 Xxxxx Xxxx Xxxxxx Xxxxxx, XX 00000 Attention: Xxxxxxx Xxxxx Fax: (000) 000-0000 FIFTH THIRD BANK, as Co-Documentation Agent and as a Bank ` By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx Xxxxx Title: Assistant Vice President Address: 00 Xxxxx Xxxx ------------------- Xxxxxxx X. Xxxxxx Xxxxxx, XX 00000 Attention: Xxxx Its PresidentXxxxxxxxx Fax: (000) 000-0000 JPMORGAN CHASE BANK, duly authorized CRITERION EXPLORATION, INC. N.A. By: /s/ Xxxxxxx Xxxx X. Xxxxxxxxxx Name: Xxxx ------------------- Xxxxxxx X. Xxxxxxxxxx Title: Senior Vice President Address: 0000 Xxxxxx Xxxxxx Xxxxx Xxxxx 000 Xxxx Its PresidentXxxxxxx, duly authorized STAR GEOPHYSICAL CORPORATION OH 45069 Attention: Xxxxxx X. Xxxxx Fax: (000) 000-0000 COMERICA BANK By: /s/ Xxxxxxx Xxxx X. Xxxxx Name: Xxxx ------------------- Xxxxxxx X. Xxxxx Title: First Vice President Address: 000 Xxxx Its PresidentXxxxx Xxxxxx Xxxxxxxxxx, duly authorized K&B RESOURCESXX 00000 Attention: Xxxxxxxx XxXxxxx Fax: (000) 000-0000 PNC BANK, INC. N.A. By: /s/ Xxxxxxx Xxxxxxxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxxxx Name: Xxxxxxxxxxx X. Xxxx Its President, duly authorizedXxxxxxxx
Appears in 1 contract
Samples: Credit and Security Agreement (MTC Technologies Inc)
JURY TRIAL WAIVER. IN ANY ACTION, CLAIM, COUNTERCLAIM, OR OTHER PROCEEDING BASED UPON OR RELATED IN ANY MANNER TO THIS AGREEMENT, THE BORROWER NOTE, OR THE OTHER LOAN DOCUMENTS, BORROWER, THE BANK, AND ALL MAKERS, SURETIES, GUARANTORS OF THE NOTE, AND THIS AGREEMENT, TOGETHER WITH ALL SUCCESSORS AND ASSIGNS OF THE FOREGOING, WAIVE THE RIGHT TO A JURY DEMAND AND TO A TRIAL BY JURY AND STIPULATE THAT THE TRIER OF FACT SHALL BE THE DESIGNATED JUDGE IN ----------------- ANY COURT IN ANY SUITSUCH PROCEEDING AND ACKNOWLEDGE AND AGREE THAT SUCH WAIVER MAY SIGNIFICANTLY LIMIT AN IMPORTANT COMMON LAW, ACTIONCONSTITUTIONAL, PROCEEDING AND/OR ANY MATTER ARISING IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION STATUTORY RIGHT WHICH WOULD BE OTHERWISE AVAILABLE. BANK: FIRST SECURITY BANK OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYNEW MEXICO, VOLUNTARILYN.A. /s/ David Gandy ---------------------------------- By: David Gandy, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE Vice Xxxxxxxxx BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) BOWLIN OUTDOOR ADVERTISING & XXXXXX XXXTERS INCORPORATED /s/ Michaxx X. Bowlin ---------------------------------- By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its PresidentMichael L. Xxxxxx, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONXxxxxxxxx BOWLIN TRAVEL CENTERS, INC. /s/ Micxxxx X. Xxxxxx ---------------------------------- By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentMichael L. Xxxxxx, duly authorized STAR GEOPHYSICAL CORPORATION ByXxxxxxxxx SCHEDULE OF EXHIBITS TO MASTER LOAN AGREEMENT Exhibit 1.11: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentExisting BOA Promissory Notes and new BTC Promissory Notes payable to First Security Bank of New Mexico, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedN.A.
Appears in 1 contract
JURY TRIAL WAIVER. EACH BORROWER, TO THE BORROWER EXTENT PERMITTED BY LAW, HEREBY WAIVES ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITLENDER, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS NOTE OR ANY OTHER NOTE OR INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT CONNECTION HEREWITH OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSHAWK CORPORATION FRICTION PRODUCTS CO. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANKBy: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxxxxxx Vice President and Chief Financial Officer Xxxxxx X. Xxxxxx Its Xxxxxxxxxx Vice President THE GUARANTORS: CUSTOM and Chief Financial Officer XXXXXXX PRODUCTS CORPORATIONGROUP, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONINC. XXXXX METAL STAMPINGS, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxxxxxx Vice President and Chief Financial Officer Xxxxxx X. Xxxx Its President, duly authorized K&B RESOURCESXxxxxxxxxx Vice President and Chief Financial Officer X.X. XXXXXXX CORP. X.X. XXXXXXX HOLDINGS, INC. By: /s/ By: Xxxxxx X. Xxxxxxxxxx Vice President and Chief Financial Officer Xxxxxx X. Xxxxxxxxxx Vice President and Chief Financial Officer XXXXXXX PRODUCTS, LLC By: Xxxxxxx Products Group, Inc., its sole member By: Xxxxxx X. Xxxxxxxxxx Vice President and Chief Financial Officer EXHIBIT B FORM OF BORROWING BASE CERTIFICATE EXHIBIT C FORM OF NOTICE OF LOAN , 20____ KeyBank National Association 000 Xxxxxx Xxxxxx Xxxxxxxxx, Xxxx ------------------- Xxxxxxx X. Xxxx Its President00000-0000 Attention: Asset Based Lending Ladies and Gentlemen: The undersigned, duly authorizedHAWK CORPORATION, (βAdministrative Borrowerβ) refers to the Credit and Security Agreement, dated as of June 12, 2009 (βCredit Agreementβ, the terms defined therein being used herein as therein defined), among the undersigned and KEYBANK NATIONAL ASSOCIATION, and hereby gives you notice, pursuant to Section 2.2(b) of the Credit Agreement that Borrowers hereby request a Loan under the Credit Agreement, and in connection therewith sets forth below the information relating to the Loan (the βProposed Loanβ) as required by Section 2.5 of the Credit Agreement:
Appears in 1 contract
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY THE ABILITY OF AGENT AND LENDERS TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BETWEEN BORROWER'S , AGENT AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHLENDERS. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSSHILOH CORPORATION GREENFIELD DIE & MANUFACTURING CORP. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANKBy: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxx Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONXxxxx Treasurer Treasurer JEFFERSON BLANKING INC. SHILOH AUTOMOTIVE, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxx Xxxxxx X. Xxxx Its PresidentXxxxx Assistant Secretary Treasurer By: Xxxxxx X. Xxxxx Treasurer Acknowledgement and Agreement SHILOH INDUSTRIES, duly authorized K&B RESOURCESINC. XXXXXXX MANUFACTURING DIVISION LIVERPOOL COIL PROCESSING, INCORPORATED By: By: Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Treasurer Treasurer XXXXXX BLANKING, INC. THE SECTIONAL DIE COMPANY By: By: Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Treasurer Treasurer SECTIONAL STAMPING, INC. By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedXxxxx Treasurer Acknowledgement and Agreement EXHIBIT A CHRYSLER LIEN PRIORITY AGREEMENT See attached. EXHIBIT B XX XXXX PRIORITY AGREEMENT See attached. EXHIBIT C FORM OF SUPPLIER PURCHASE AGREEMENT See attached.
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JURY TRIAL WAIVER. THE BORROWER AND GUARANTORS LENDER WAIVE TRIAL BY ANY RIGHT TO HAVE A JURY PARTICIPATE IN ----------------- RESOLVING ANY COURT DISPUTE, WHETHER SOUNDING IN ANY SUITCONTRACT, ACTIONTORT OR OTHERWISE, PROCEEDING BETWEEN BORROWER AND LENDER, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR ANY MATTER ARISING INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY LENDER'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE BETWEEN BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYLENDER. Address: Pinnacle Data Systems, VOLUNTARILYInc. PINNACLE DATA SYSTEMS, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSINC. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER0000 Xxxx Xxxx Xxxxxxxxx, Xxxx 00000 Attn: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION Xxxxx By: /s/ Xxxxxxx X Xxxxx -------- -------------------- Its: EVP & CFO ------------------- Address: KeyBank National Association KEYBANK NATIONAL ASSOCIATION 00 Xxxx Xxxxx Xxxxxx Xxxxxxxx, Xxxx 00000 Attn: X. Xxxx ------------------- Xxxxxxxx By:/s/ Xxxxx Xxxxxxxx ----------- ------------------ Its: SVP --- The State of Ohio ) ---------- )SS. The County of Franklin ) --------- Before me a notary public, in and for said County, personally appeared the above named officer, Xxxxxxx X. Xxxx Its PresidentXxxxx, duly authorized BOLT INTERNATIONAL CORPORATION By: Executive Vice President of Pinnacle Data Systems, Inc. who acknowledges that he did sign the foregoing instrument, and that the same is the free act and deed of such corporation and of such officer. In Testimony Whereof, I have hereunto set my hand and official seal at 2:23 P.M., this 12th day of May, 2003. /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXxxxx X Xxxxx, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized------------------ Notary Public commission expires 6/29/04
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JURY TRIAL WAIVER. EACH OF THE BORROWER AND GUARANTORS WAIVE OBLIGORS WAIVES TRIAL BY JURY IN ----------------- ANY COURT AND IN ANY SUIT, ACTION, ACTION OR PROCEEDING OR ON ANY MATTER ARISING IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION TRANSACTIONS OF WHICH THIS MODIFICATION AGREEMENT IS AND THE OTHER AMENDED LOAN DOCUMENTS ARE A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWERBANK'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHREMEDIES. THE BORROWER AND GUARANTORS OBLIGORS ACKNOWLEDGE THAT THEY MAKE EACH MAKES THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of The parties hereto have executed this Agreement on the date first set forth written above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /sFIND/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its PresidentSVP, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK INC. By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx XXXXX XXXXXXXX ------------------ Xxxxx Xxxxxxxx Its Executive Vice President FIND/SVP PUBLISHED PRODUCTS, INC. By /s/ XXXXX XXXXXXXX ------------------ Xxxxx Xxxxxxxx Its Executive Vice President FIND/SVP INTERNET SERVICES, INC. By /s/ XXXXX XXXXXXXX ------------------ Xxxxx Xxxxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: STATE STREET BANK AND TRUST COMPANY By /s/ XXXXXX X. XXXXXXX --------------------- Xxxxxx X. Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its Vice President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized
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JURY TRIAL WAIVER. THE BORROWER AND GUARANTORS LENDER WAIVE TRIAL BY ANY RIGHT TO HAVE A JURY PARTICIPATE IN ----------------- RESOLVING ANY COURT DISPUTE, WHETHER SOUNDING IN ANY SUITCONTRACT, ACTIONTORT OR OTHERWISE, PROCEEDING BETWEEN BORROWER AND LENDER, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR ANY MATTER ARISING INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY LENDER'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE BETWEEN BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYLENDER. Address: Pinnacle Data Systems, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONInc. PINNACLE DATA SYSTEMS, INC. 0000 Xxxx Xxxx Xxxxxxxxx, Xxxx 00000 Attn: Xxxxxxx X. Xxxxx By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedXxxxx -------------- Its:Executive Vice President ------
Appears in 1 contract
Samples: First Amendment Agreement (Pinnacle Data Systems Inc)
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT CONNECTION HEREWITH OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSAIR VENT INC. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION ALABAMA METAL INDUSTRIES CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION Xxxxx By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxx Name: Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS ByXxxxx Name: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXxxxx Title: Chief Financial Officer Title: Chief Financial Officer APPLETON SUPPLY CO., duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONINC. CLEVELAND PICKLING, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION Xxxxx By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxx Name: Xxxxxxx X. Xxxx Its PresidentXxxxx Name: Xxxxxxx X. Xxxxx Title: Chief Financial Officer Title: Chief Financial Officer CONSTRUCTION METALS, duly authorized K&B RESOURCESLLC DIAMOND PERFORATED METALS, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxx By: /s/ Xxxxxxx X. Xxxx Its PresidentXxxxx Name: Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Chief Financial Officer Title: Chief Financial Officer DRAMEX INTERNATIONAL INC XXXXXXXX CORPORATION By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Chief Financial Officer Title: Chief Financial Officer XXXXXXXX CORPORATION OF KANSAS GIBRALTAR INTERNATIONAL, duly authorizedINC. By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Chief Financial Officer Title: Chief Financial Officer GIBRALTAR STRIP STEEL, INC. K & W METAL FABRICATORS, LLC By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Chief Financial Officer Title: Chief Financial Officer XXXX/NORWESCO, LLC SEA SAFE, INC. By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Chief Financial Officer Title: Chief Financial Officer SOLAR GROUP, INC. SOLAR OF MICHIGAN, INC. By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Chief Financial Officer Title: Chief Financial Officer SOUTHEASTERN METALS MANUFACTURING COMPANY, INC. UNITED STEEL PRODUCTS COMPANY, INC. By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Chief Financial Officer Title: Chief Financial Officer SCHEDULE 1 COMMITMENT OF LENDERS COMMITMENT REVOLVING PERCENTAGE CREDIT FOR REVOLVING COMMITMENT REVOLVING LENDERS LENDERS AMOUNT KeyBank National Association 12.00 % $ 24,000,000.00 Manufacturers and Traders Trust Company 10.13 % $ 20,266666.67 JPMorgan Chase Bank, N.A. 9.33 % $ 18,666,666.67 BMO Capital Markets Financing, Inc. (through Xxxxxx X.X., as a Fronting Lender) 9.33 % $ 18,666,666.67 HSBC Bank USA, National Association 9.33 % $ 18,666,666.67 Bank of America, N.A. (successor by merger to Fleet National Bank) 9.33 % $ 18,666,666.67 PNC Bank, National Association (successor to National City Bank) 9.33 % $ 18,666,666.67 US Bank, National Association 8.80 % $ 17,600,000.00 RBS Citizens, National Association 6.69 % $ 13,333,333.33 Citibank, N.A. 6.13 % $ 12,266,666.65 Comerica Bank 5.60 % $ 11,200,000.00 PNC Bank, National Association 4.00 % $ 8,000,000.00 Maximum Revolving Amount 100 % $ 200,000,000.00 Total Commitment Amount $ 200,000,000 SCHEDULE 2 GUARANTORS OF PAYMENT Air Vent Inc., a Delaware corporation Alabama Metal Industries Corporation, a Delaware corporation Appleton Supply Co., Inc., a Delaware corporation Construction Metals, LLC, a California limited liability company Diamond Perforated Metals, Inc., a California corporation Dramex International Inc., a Delaware corporation Xxxxxxxx Corporation, an Illinois corporation Xxxxxxxx Corporation of Kansas, a Kansas corporation Gibraltar International, Inc., a Delaware corporation Gibraltar Strip Steel, Inc., a Delaware corporation K & W Metal Fabricators, LLC, a Colorado limited liability company Xxxx/Norwesco, LLC, a Delaware limited liability company Sea Safe, Inc., a Louisiana corporation Solar Group, Inc., a Delaware corporation Solar of Michigan, Inc., a Delaware corporation Southeastern Metals Manufacturing Company, Inc., a Florida corporation United Steel Products Company, Inc., a Minnesota corporation SCHEDULE 4 REAL PROPERTY The following parcels of real property owned by the Borrowers and/or the Subsidiaries that are subject to a Deed of Trust as required pursuant to the terms of the Agreement:
Appears in 1 contract
Samples: First Amendment Agreement (Gibraltar Industries, Inc.)
JURY TRIAL WAIVER. BORROWER, AGENT AND EACH OF THE BORROWER BANKS WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY AGENT'S OR ANY BANK'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT AMONG BORROWER, AGENT AND THE BANKS, OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTHEREOF. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYAddress: 9887 Washington Vxxxxxx Xxxxx XXXXXX INDUSTRIAL CORPORATION Dayton, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWEROhio 45450 Xxxxxxxon: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION and CEO By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentFranics J. Drew Name: Francis J. Drew Title: CFO Address: 127 Public Square XXXXXXX XXXXXXXX XXXXXXXTION, duly authorized BOLT INTERNATIONAL CORPORATION Cleveland, Ohio 40000-0000 as Agent and as a Bank Attention: Alan J. Ronan By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentAlan J. Ronan Name: Alan J. Ronan Title: S.V.P. Address: 100 E.Broad Streex BANK ONE INDIANA, duly authorized DUKE PLACE INVESTMENTS N.A. Columbus, OH 43200 Xxxxxxxon: Michael A. Reeves Xx: /s/ Michael A. Reeves Name: Michael A. Reeves Title: Vice President Address: 601 2nd Avenue Sxxxx FIRSTAR BANK, N.A. Minneapolis, MN 00000 Xxxxxxxon: Greg Wilson By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Greg Wilson Name: Greg Wilson Title: AVP/Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedAttorney-in-Fact
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JURY TRIAL WAIVER. BORROWER, PLEDGORS, AGENT AND EACH OF THE BORROWER BANKS WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT IS A PART EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYAddress: 1100 Xxxxxxxx Xxxxxx XXXXXXX XXXXXX XXXPANY Clevxxxxx, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION 00000 By: /s/ Xxxxxxx Michxxx X. Xxxxx -------------------------------- Michxxx X. Xxxxx, Xxeasurer Address: 127 Public Square KEYBANKNATIONAL ASSOCIATION Clevxxxxx, XX 00000-0000 as Agent and as a Bank Attn: Large Corporate Group By /s/ Lawrxxxx X. Xxxx ------------------- Xxxxxxx -------------------------------- Lawrxxxx X. Xxxx Its Xxxx, Senior Vice President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized
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JURY TRIAL WAIVER. BORROWER, AGENTS AND EACH OF THE BORROWER BANKS WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENTS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY AGENTS' OR ANY BANK'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT AMONG BORROWER, AGENTS AND THE BANKS, OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTHEREOF. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYAddress: 23000 Xxxxxx Xxxxxx PARK-OHIO INDUSTRIES, VOLUNTARILYINC. Euclxx, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWERXxxx 00000 Attention: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION Corporate Secretary By: /s/ Xxxxxxx Jamex X. Xxxxxx --------------------------------- Jamex X. Xxxxxx, Xxce President and /s/ Ronaxx X. Xxxxxx --------------------------------- Ronaxx X. Xxxxxx, Xxcretary Address: Key Center KEYBANK NATIONAL ASSOCIATION, 127 Xxxxxx Xxxxxx as a Bank and as Administrative Agent Clevxxxxx, Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION 00000-0000 Attention: Commercial Loans- By: /s/ Xxxxxxx Kennxxx X. Xxxxxx Cleveland District --------------------------------- Kennxxx X. Xxxxxx, Xxce President Address: Huntington Building THE HUNTINGTON NATIONAL BANK, 917 Xxxxxx Xxxxxx as a Bank and as Co-Agent Clevxxxxx, Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS 00000 Attention: Commercial By: /s/ Xxxxxxx Timoxxx X. Xxxx ------------------- Xxxxxxx Banking Division --------------------------------- Timoxxx X. Xxxx Its Xxxx, Xxce President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized
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JURY TRIAL WAIVER. BORROWER, AGENT AND EACH OF THE BORROWER BANKS WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, BETWEEN BORROWER, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT IS A PART EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE DEFENSE OR ENFORCEMENT OF ANY OF TRANSACTIONS RELATED THERETO. Address: 2401 Xxxxx Xxxxxx Xxxx THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYSTANDARD PRODUCTS COMPANY Dearxxxx, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWERXxxxxxxx 00000 Attention: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Mr. Charxxx Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx Charxxx Xxxx Treasurer --------------------------- Treasurer --------------------- Address: National City Bank Building NATIONAL CITY BANK 1900 Xxxx Xxxxx Xxxxxx, 00xx Xxxor As a Bank and as Agent Clevxxxxx, Xxxx 00000-0000 Attention: Ms. Xxxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx Maryxxxx X. Xxxx ------------------- Xxxxxxx X. Senior Vice President --------------------------- Senior Vice President --------------------- Address: 500 Xxxxxxxx Xxx. COMERICA BANK Detroit, Michigan 48226-3265 Attention: Mr. Michxxx Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx Michxxx X. Xxxx ------------------- Xxxxxxx X. Vice President --------------------------- Vice President --------------------- Address: 611 Xxxxxxxx Xxx., 2nd Floor NBD BANK Detroit, Michigan 48226 Attention: Ms. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION Xxxxx By: /s/ Xxxxxxx Mary Xx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedCxxxxx Vice President --------------------------- Vice President --------------------- [Signatures continued on next page]
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JURY TRIAL WAIVER. EACH OF THE BORROWER AND GUARANTORS WAIVE OBLIGORS WAIVES TRIAL BY JURY IN ----------------- ANY COURT AND IN ANY SUIT, ACTION, ACTION OR PROCEEDING OR ON ANY MATTER ARISING IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION TRANSACTIONS OF WHICH THIS MODIFICATION AGREEMENT IS AND THE OTHER AMENDED LOAN DOCUMENTS ARE A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWERBANK'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHREMEDIES. THE BORROWER AND GUARANTORS OBLIGORS ACKNOWLEDGE THAT THEY MAKE EACH MAKES THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of The parties hereto have executed this Agreement on the date first set forth written above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /sFIND/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONSVP, INC. By: By /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx XXXXX XXXXXXXX ------------------ Xxxxx Xxxxxxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCESExecutive Vice President FIND/SVP PUBLISHED PRODUCTS, INC. By: By /s/ XXXXX XXXXXXXX ------------------ Xxxxx Xxxxxxxx Its Executive Vice President FIND/SVP INTERNET SERVICES, INC. By /s/ XXXXX XXXXXXXX ------------------ Xxxxx Xxxxxxxx Its President STATE STREET BANK AND TRUST COMPANY By /s/ XXXXXX X. XXXXXXX --------------------- Xxxxxx X. Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its Vice President, duly authorized
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JURY TRIAL WAIVER. BORROWER, AGENT, THE BORROWER BANKS AND GUARANTORS EACH GUARANTOR HEREBY WAIVE TRIAL BY ANY RIGHT TO HAVE A JURY PARTICIPATE IN ----------------- RESOLVING ANY COURT DISPUTE, WHETHER SOUNDING IN ANY SUITCONTRACT, ACTIONTORT OR OTHERWISE, PROCEEDING AMONG BORROWER, AGENT, THE BANKS, EACH GUARANTOR, OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY AGENT'S OR ANY BANK'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT AMONG BORROWER, AGENT AND THE BANKS, OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTHEREOF. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION AMCAST INDUSTRIAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Name: Xxxxxxx X. Xxxx Its Title: Vice President, duly authorized BOLT INTERNATIONAL CORPORATION Finance KEYBANK NATIONAL ASSOCIATION, as Agent and as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Vice President BANK ONE INDIANA, N.A. By: /s/ Xxxxxx X. Xxxxxxxx Name: Xxxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NEW YORK By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx Name: Xxxxxxx X. Xxxx Its PresidentXxxxxxx Title: Vice President FIRSTAR BANK, duly authorized DUKE PLACE INVESTMENTS N.A. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxxxx Name: Xxxx Its President, duly authorized BOLT EXPORT CORPORATION Xxxxxx Title: Vice President CREDIT AGRICOLE INDOSUEZ By: /s/ Xxxxxxx Xxxxxxxx X. Xxxx ------------------- Xxxxxxx Name: Xxxxxxxx X. Xxxx Its PresidentTitle: Vice President and /s/ Xxx xxx Xxxxxxx Name: Xxx xxx Xxxxxxx Title: Vice President COMERICA BANK By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: First Vice President NATIONAL CITY BANK By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Senior Vice President GUARANTOR ACKNOWLEDGMENT AND AGREEMENT Each of the undersigned consents and agrees to and acknowledges the terms of the foregoing Third Amendment Agreement dated as of April 15, duly authorized CRITERION EXPLORATION2002. Each of the undersigned specifically acknowledges the terms of and consent to the waivers set forth therein. Each of the undersigned further agrees that the obligations of each of the undersigned pursuant to the Guaranties of Payment of Debt executed by each of the undersigned shall remain in full force and effect and be unaffected hereby. Each of the undersigned, by signing below, hereby waives and releases Agent and each of the Banks and their respective directors, officers, employees, attorneys, affiliates and subsidiaries from any and all claims, offsets, defenses and counterclaims of which any of the undersigned is aware, such waiver and release being with full knowledge and understanding of the circumstances and effect thereof and after having consulted legal counsel with respect thereto. JURY TRIAL WAIVER. BORROWER, AGENT, THE BANKS AND EACH GUARANTOR HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENT, THE BANKS, EACH GUARANTOR, OR ANY THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY AFFECT, WAIVE, LIMIT, AMEND OR MODIFY AGENT'S OR ANY BANK'S ABILITY TO PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT AMONG BORROWER, AGENT, THE BANKS AND GUARANTORS, OR ANY THEREOF. ELKHART PRODUCTS CORPORATION AMCAST INVESTMENT SERVICES AMCAST AUTOMOTIVE OF INDIANA, CORPORATION INC. (fka Wheeltek, Inc.) AS INTERNATIONAL, INC. By: /s/ Xxxxxxx X. X. Xxxx ------------------- Xxxxxxx IZUMI, INC. Name: X. X. Xxxx Its PresidentAMCAST CASTING TECHNOLOGIES, duly authorized STAR GEOPHYSICAL CORPORATION INC. Title: Vice President AMCAST INDUSTRIAL FINANCIAL SERVICES, INC. CASTING TECHNOLOGY COMPANY By: /s/ Xxxxxxx X. X. Xxxx ------------------- Xxxxxxx Name: X. X. Xxxx Its PresidentBy: Amcast Casting Technologies, duly authorized K&B RESOURCESTitle: Vice President Inc., INC. a General Partner By: /s/ Xxxxxxx X. X. Xxxx ------------------- Xxxxxxx Name: X. X. Xxxx Its Title: Vice President, duly authorized
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JURY TRIAL WAIVER. EACH BORROWER, AGENT AND EACH OF THE BORROWER BANKS WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY AGENT'S OR ANY BANK'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT AMONG BORROWERS, AGENT AND THE BANKS, OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTHEREOF. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE U.S. BORROWER: Signed in the presence ofAddress: BOLT TECHNOLOGY CORPORATION (As to All) By3200 Xxxxxx Xxxx ADVANCED LIGHTING Solox, Xxxx 00000 TECHNOLOGIES, INC. Attention: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION Treasurer By: /s/ Xxxxxxx Nichxxxx X. Xxxxx --------------------------- Title: Treasurer ------------------------ CANADIAN BORROWERS: Address: 10 Cxxxxxxx Xxxx ------------------- Xxxxxxx X. CANADIAN LIGHTING SYSTEMS P.O. Xxx 000 XXXXXXX, XXXXXXXXXXXX Xxxxxxx, Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION Xxxxxx XX0 0X0 Attention: Treasurer By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS ByR.G. Dougxxx Xxxxxx --------------------------- Title: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedSecretary ------------------------
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Samples: Assignment and Acceptance Agreement (Advanced Lighting Technologies Inc)
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY THE ABILITY OF AGENT AND LENDERS TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR AMONG BORROWER, AGENT, LENDERS AND THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHUNDERSIGNED. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSSHILOH CORPORATIONGREENFIELD DIE & MANUFACTURING JEFFERSON BLANKING INC. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOANXxxxxx X. Xxxxx Vice President of Finance CORP. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxx SHILOH AUTOMOTIVE, INC. Xxxxxx X. Xxxxxx Its Xxxxx SHILOH INDUSTRIES, INC. XXXXXXX Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATIONof Finance MANUFACTURING DIVISION LIVERPOOL COIL PROCESSING, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentINCORPORATED Xxxxxxx Xxxxxxx XXXXXX BLANKING, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONINC. Assistant Secretary THE SECTIONAL DIE COMPANYSECTIONAL STAMPING, INC. By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxx Xxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedXxxxx
Appears in 1 contract
JURY TRIAL WAIVER. EACH BORROWER, AGENT AND EACH OF THE BORROWER BANKS WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT IS A PART EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWERAddress: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONXXXXXXXX, INC. By: /s/ X. X. Xxxxxxxx Attn: Name: Xxxxxx X. Xxxxxxxx Title: Executive Vice President Address: 000 Xxxxxx Xxxxxx Xxxxxxxxx, Xxxx 00000-0000 KEYBANK NATIONAL ASSOCIATION, as Agent and as a Bank Attn: By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Vice President Address: 0 Xxxxxxx Xxxxx Xxxxx, Xxxx 00000 NATIONAL CITY BANK, as a Bank and as Co-Documentation Agent Attn: Xxxxx X. Xxxx ------------------- Xxxxxxx Thompsaon By: /s/ Xxxxx X. Xxxx Its PresidentXxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Sr. Vice President : Address One Wall Street 21st Floor THE BANK OF NEW YORK, duly authorized STAR GEOPHYSICAL CORPORATION as a Bank and as Co-Documentation Agent XX, XX 00000 Attn: Xxx XxXxxxxxx By: /s/ Xxxxxxx X. Xxxx ------------------- XxXxxxxxx Name: Xxxxxxx X. XxXxxxxxx : Title: AVP Address 000 X. Xxxxxx XXXXXX TRUST AND SAVINGS BANK 00 Xxxx Its PresidentXxxxxxx, duly authorized K&B RESOURCES, INC. XX 00000 By: /s/ Xxxxx X. Xxxxxxxx Attn: Name: Xxxxx X. Xxxxxxxx Title: Vice President Address: 000 Xxxxxxxx Xxx. BANK ONE, NA Mail Code M11-8073 Xxxxxxx, XX 00000 Attn: Xxxx XxXxxx/or By: /s/ Xxxxx X. Xxxxxx Xxx Xxxxxxxxx (000) 000 0000 Name: Xxxxx X. Xxxxxx Title: First Vice President Address: 0000 Xxxx Xxxxx Xxxxxx FIFTH THIRD BANK Xxxxxxxxx, XX 00000 By: /s/ Xxxxx X. Byroes Attn: Name: Xxxxx X. Byroes Title: Vice President Address: 00 X. Xxxxx Street COMMERZBANK AG, New York and Suite 0000 Xxxxx Xxxxxx Xxxxxxxx Xxxxxxx, XX 00000 Attn: Xx. Xxxx Xxxxxxx X. By: /s/ Xxxx ------------------- Xxxxxxx X. Name: Xxxx Its PresidentXxxxxxx Title: Senior Vice President and: /s/ Xxxxxx Warning Name: Xxxxxx Warning Title: Assistant Treasurer Address: 000 Xxxx 00xx Xxxxxx KBC BANK, duly authorizedN.V. New York, New York 10019 By: /s/ Xxxx Xxxxxx Diels Attn: Corporate Banking Name: Xxxx Xxxxxx Diels Title: First Vice President and: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx
Appears in 1 contract
Samples: Credit Agreement (Schulman a Inc)
JURY TRIAL WAIVER. THE EACH BORROWER AND GUARANTORS BANK WAIVE TRIAL BY ANY RIGHT TO HAVE A JURY PARTICIPATE IN ----------------- RESOLVING ANY COURT DISPUTE, WHETHER SOUNDING IN ANY SUITCONTRACT, ACTIONTORT OR OTHERWISE, PROCEEDING AMONG BORROWERS AND BANK, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR ANY MATTER ARISING INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY BANK'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AMONG BORROWERS AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHBANK. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYAddress: c/o Zaremba Group, VOLUNTARILYIncorporated BRAINTREE RETAIL LIMITED 14600 Xxxxxxx Xxxxxx, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWERXxxxx 0000 XXXXXXXXXXX Xxxxxxxx, Xxxx 00000 Attention: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) Josexx X. Xxxxxxxx By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its PresidentZarexxx Xxxintree Company, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATIONa Delaware corporation, formerly known as, CUSTOM ACQUISITION CORPORATION its General Partner By: /s/ ------------------------------- Title: ---------------------------- Address: c/o Zaremba Group, Incorporated FREDERICKSBURG RETAIL 14600 Xxxxxxx Xxxxxx, Xxxxx 0000 XIMITED PARTNERSHIP Lakexxxx, Xxxx 00000 Attention: Josexx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION Xxxxxxxx By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentZarexxx Xxxdericksburg, duly authorized DUKE PLACE INVESTMENTS L.L.C., A Delaware limited liability company, its General Partner By: /s/ ------------------------------- Title: ---------------------------- Address: c/o Zaremba Group, Incorporated TRAVERSE RETAIL LIMITED 14600 Xxxxxxx Xxxxxx, Xxxxx 0000 XXXXXXXXXXX Xxxxxxxx, Xxxx 00000 Attention: Josexx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION Xxxxxxxx By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentZarexxx Xxxverse, duly authorized CRITERION EXPLORATIONL.L.C., INC. a Delaware limited liability company, its General Partner By: /s/ ------------------------------- Title: ---------------------------- Address: c/o Zaremba Group, Incorporated WHITEHALL RETAIL, L.L.C. 14600 Xxxxxxx X. Xxxxxx Xxxxxxxx, Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION 00000 By: /s/ Xxxxxxx Attention: Josexx X. Xxxxxxxx ------------------------------- Title: ---------------------------- Address: Key Tower KEYBANK NATIONAL ASSOCIATION 127 Xxxxxx Xxxxxx Xxxxxxxxx, Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. 00000-0000 Attention: Large Corporate By: /s/ Xxxxxxx Banking ------------------------------- Jamex X. Xxxxxx, Xxce President EXHIBIT A BRAINTREE NOTE $6,359,019.63 Cleveland, Ohio October 25, 2000 FOR VALUE RECEIVED, the undersigned, BRAINTREE RETAIL LIMITED PARTNERSHIP, a Delaware limited partnership ("Braintree"), promises to pay to the order of KEYBANK NATIONAL ASSOCIATION ("Bank") at its Main Office at 127 Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxx ------------------- Xxxxxxx X. Xxxx Its President00000, duly authorizedxx at such other place as Bank shall designate, the principal sum of SIX MILLION THREE HUNDRED FIFTY-NINE THOUSAND NINETEEN AND 63/100 DOLLARS
Appears in 1 contract
Samples: Credit Agreement (Borders Group Inc)
JURY TRIAL WAIVER. THE BORROWER AND GUARANTORS LENDER WAIVE TRIAL BY ANY RIGHT TO HAVE A JURY PARTICIPATE IN ----------------- RESOLVING ANY COURT DISPUTE, WHETHER SOUNDING IN ANY SUITCONTRACT, ACTIONTORT OR OTHERWISE, PROCEEDING BETWEEN BORROWER AND LENDER, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR ANY MATTER ARISING INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE LIMIT, AMEND OR MODIFY LENDER'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED TN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE BETWEEN BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSLENDER. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOANAIRCRAFT SERVICE INTERNATIONAL INC. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ :_______________________________________ Xxxxxxx X. Xxxx Its President, duly authorized Print Name: ____________________________ THE BANKTitle: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS__________________________________ KEY CORPORATE CAPITAL INC. By:_______________________________________ Print Name: CUSTOM PRODUCTS CORPORATION____________________________ Title: __________________________________ EXHIBIT 1 EXHIBIT A REVOLVING CREDIT NOTE $15,000,000 Cleveland, formerly known asOhio July 28, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President2000 -- FOR VALUE RECEIVED, duly authorized BOLT the undersigned, AIRCRAFT SERVICE INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONGROUP, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President("Borrower"), duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its Presidentpromises to pay, duly authorized K&B RESOURCESon the last day of the Commitment Period, as defined in the Credit and Security Agreement (as hereinafter defined), to the order of KEY CORPORATE CAPITAL INC. By: /s/ Xxxxxxx X. ("Lender") at its Main Office at 100 Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxx ------------------- Xxxxxxx X. Xxxx Its President00000-0000, duly authorizedor at such other place as Lender shall designate, the principal sum of
Appears in 1 contract
Samples: Second Amendment Agreement (Aircraft Service International Group Inc)
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY THE ABILITY OF AGENT AND LENDERS TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BETWEEN BORROWER'S , AGENT AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHLENDERS. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYCORE COMPOSITES CINCINNATI, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ LLC By/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATIONXxxx, formerly known as, CUSTOM ACQUISITION Xx. CORE COMPOSITES CORPORATION By: /s/ Xxxxxxx / Xxxxxx X. Xxxx ------------------- Xxxxxxx Xxxx, Xx. Name: Xxxxxx X. Xxxx Its PresidentXxxx, duly authorized BOLT INTERNATIONAL CORPORATION Xx. Title: Chief Financial Officer and Vice President Name: Xxxxxx X. Xxxx, Xx. Title: Chief Financial Officer and Vice President CORE AUTOMOTIVE TECHNOLOGIES LLC By: /s/ Xxxxxxx Core Molding Technologies, Inc., Its sole member By/ Xxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXxxx, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedXx.
Appears in 1 contract
Samples: First Amendment Agreement (Core Molding Technologies Inc)
JURY TRIAL WAIVER. BORROWER, AGENT AND EACH OF THE BORROWER BANKS WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT IS A PART EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYAddress: 1100 Xxxxxxxx Xxxxxx XXXXXXX XXXXXX XXXPANY Clevxxxxx, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWERXxxx 00000 Attention: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) Treasurer By: /s/Xxxxxxx X.Xxxx ------------------ :________________________________ Xxxxxxx Michxxx X. Xxxxx, Xxeasurer Address: Key Center KEYBANK NATIONAL ASSOCIATION, 127 Xxxxxx Xxxxxx As a Bank and as Agent Clevxxxxx, Xxxx Its President, duly authorized 00000-0000 Attention: Large Corporate By:_________________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx Banking Division Lawrxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice Xxxx, Xxce President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedSCHEDULE 1 REVOLVING CREDIT COMMITMENT COMMITMENT BANKING INSTITUTIONS PERCENTAGE AMOUNT MAXIMUM AMOUNT -------------------- ---------- ------ -------------- KeyBank National 100 % $215,000,000 $215,000,000 Association ----- ------------ ------------ Total Commitment Amount 100% $215,000,000 $215,000,000
Appears in 1 contract
Samples: Assignment and Acceptance Agreement (Oglebay Norton Co)
JURY TRIAL WAIVER. BORROWER, AGENTS AND EACH OF THE BORROWER BANKS WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENTS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY AGENTS' OR ANY BANK'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT AMONG BORROWER, AGENTS AND THE BANKS, OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTHEREOF. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYPARK-OHIO INDUSTRIES, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSINC. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) /s/ Jamex X. Xxxxxx By: /s/Xxxxxxx X.Xxxx ------------------ _______________________________ Xxxxxxx Jamex X. Xxxx Its PresidentXxxxxx, duly authorized Xxce President /s/ Ronaxx X. Xxxxxx and _______________________________ THE BANK: FLEET Ronaxx X. Xxxxxx, Xxcretary KEYBANK NATIONAL BANK By ASSOCIATION, as a Bank and as Administrative Agent /s/ Xxxxxx Kennxxx X. Xxxxxx ----------------------- Xxxxxx By: __________________________________ Kennxxx X. Xxxxxx Its Vice Xxxxxx, Xxce President THE GUARANTORS: CUSTOM PRODUCTS CORPORATIONHUNTINGTON NATIONAL BANK, formerly known as, CUSTOM ACQUISITION CORPORATION as a Bank and as Co-Agent /s/ Timoxxx X. Xxxx By: /s/ Xxxxxxx ____________________________________ Timoxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its Xxxx, Xxce President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized
Appears in 1 contract
Samples: Second Amendment Agreement (Park Ohio Holdings Corp)
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT CONNECTION HEREWITH OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYMCQUEEN INTERNATIONAL INCORPORATED SYKES E-COMMERCE, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION INCORPORATED By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION Xxxxxx By: /s/ W. Xxxxxxx Xxxxxxx Name: Xxxxx X. Xxxx ------------------- Xxxxxx Name: W. Xxxxxxx X. Xxxx Its PresidentXxxxxxx Title: President & Secretary Title: President XXXXX XX HOLDINGS, duly authorized DUKE PLACE INVESTMENTS LLC SYKES ACQUISITION, LLC By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION Xxxxxx By: /s/ W. Xxxxxxx Xxxxxxx Name: Xxxxx X. Xxxx ------------------- Xxxxxx Name: W. Xxxxxxx Xxxxxxx Title: President & Secretary Title: President XXXXX ENTERPRISES β SOUTH AFRICA, INC. SYKES GLOBAL HOLDINGS, LLC By: /s/ Xxxxx X. Xxxx Its PresidentXxxxxx By: /s/ W. Xxxxxxx Xxxxxxx Name: Xxxxx X. Xxxxxx Name: W. Xxxxxxx Xxxxxxx Title: President & Secretary Title: President JURY TRIAL WAIVER. THE UNDERSIGNED, duly authorized CRITERION EXPLORATIONTO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT, THE LENDERS AND THE UNDERSIGNED, OR ANY THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. SYKES REALTY, INC. ICT INTERNATIONAL, INC. By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION Xxxxxx By: /s/ W. Xxxxxxx Xxxxxxx Name: Xxxxx X. Xxxxxx Name: W. Xxxxxxx Xxxxxxx Title: President Title: VP & CFO ICT ENTERPRISES, INC. ICT ACCOUNTS RECEIVABLE MANAGEMENT, INC. By: /s/ Xxxxx X. Xxxxxx By: /s/ Xxxx ------------------- Xxxxxxx Xxxx Xxxxxx Name: Xxxxx X. Xxxxxx Name: Xxxx Its President, duly authorized K&B Xxxx Xxxxxx Title: President Title: President ICT RESOURCES, INC. By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxx Name: Xxxxx X. Xxxx Its Xxxxxx Title: President, duly authorized
Appears in 1 contract
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT CONNECTION HEREWITH OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYTELETECH SERVICES CORPORATION TELETECH GOVERNMENT SOLUTIONS, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION LLC By: /s/ Xxxxxxx Xxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXxxxx, duly authorized BOLT INTERNATIONAL CORPORATION Xx. By: /s/ Xxxxxxx Xxxx X. Xxxxx, Xx. Xxxx ------------------- Xxxxxxx X. Xxxxx, Xx. Xxxx Its PresidentX. Xxxxx, duly authorized DUKE PLACE INVESTMENTS Xx. Interim Chief Financial Officer and Interim Chief Financial Officer and Assistant Secretary Assistant Secretary TELETECH CUSTOMER CARE MANAGEMENT (WEST VIRGINIA), INC. TELETECH CUSTOMER CARE MANAGEMENT (COLORADO), LLC By: /s/ Xxxxxxx Xxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXxxxx, duly authorized BOLT EXPORT CORPORATION Xx. By: /s/ Xxxxxxx Xxxx X. Xxxxx, Xx. Xxxx ------------------- Xxxxxxx X. Xxxxx, Xx. Xxxx Its PresidentX. Xxxxx, duly authorized CRITERION EXPLORATIONXx. Interim Chief Financial Officer and Interim Chief Financial Officer and Assistant Secretary Assistant Secretary DIRECT ALLIANCE CORPORATION TTEC NEVADA, INC. By: /s/ Xxxxxxx Xxxx X. Xxxxx, Xx. By: /s/ Xxxx ------------------- Xxxxxxx X. Xxxxx, Xx. Xxxx Its PresidentX. Xxxxx, duly authorized STAR GEOPHYSICAL Xx. Xxxx X. Xxxxx, Xx. Interim Chief Financial Officer Treasurer TELETECH STOCKTON, LLC NEWGEN RESULTS CORPORATION By: /s/ Xxxxxxx Xxxx X. Xxxxx, Xx. By: /s/ Xxxx ------------------- Xxxxxxx X. Xxxxx, Xx. Xxxx Its PresidentX. Xxxxx, duly authorized K&B RESOURCESXx. Xxxx X. Xxxxx, Xx. Interim Chief Financial Officer and Assistant Secretary Assistant Secretary TELETECH INTERNATIONAL HOLDINGS, INC. By: /s/ Xxxxxxx Xxxx X. Xxxxx, Xx. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXxxxx, duly authorizedXx. Interim Chief Financial Officer and Assistant Secretary SCHEDULE 1 REVOLVING CREDIT COMMITMENT COMMITMENT LENDERS PERCENTAGE AMOUNT MAXIMUM AMOUNT KeyBank National Association 28.89 % $ 65,000,000 $ 65,000,000 Xxxxx Fargo Bank, N.A. 13.33 % $ 30,000,000 $ 30,000,000 Bank of America, N.A. 13.33 % $ 30,000,000 $ 30,000,000 JPMorgan Chase Bank, N.A. 11.11 % $ 25,000,000 $ 25,000,000 The Northern Trust Company 8.89 % $ 20,000,000 $ 20,000,000 Wachovia Bank, National Association 8.89 % $ 20,000,000 $ 20,000,000 BNP Paribas 8.89 % $ 20,000,000 $ 20,000,000 Fifth Third Bank 6.67 % $ 15,000,000 $ 15,000,000 Total Commitment Amount 100 % $ 225,000,000 $ 225,000,000
Appears in 1 contract
JURY TRIAL WAIVER. THE BORROWER AND GUARANTORS LENDER WAIVE TRIAL BY ANY RIGHT TO HAVE A JURY PARTICIPATE IN ----------------- RESOLVING ANY COURT DISPUTE, WHETHER SOUNDING IN ANY SUITCONTRACT, ACTIONTORT OR OTHERWISE, PROCEEDING BETWEEN BORROWER AND LENDER, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR ANY MATTER ARISING INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY LENDER'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE BETWEEN BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYLENDER. Address: Pinnacle Data Systems, VOLUNTARILYInc. PINNACLE DATA SYSTEMS, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSINC. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER0000 Xxxx Xxxx Xxxxxxxxx, Xxxx 00000 Attn: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION Xxxxx By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxx -------------------- Its: Xxxxxxx X. Xxxxx, Executive VP Address: KeyBank National Association KEYBANK NATIONAL ASSOCIATION 00 Xxxx Its PresidentXxxxx Xxxxxx Xxxxxxxx, duly authorized BOLT INTERNATIONAL CORPORATION Xxxx 00000 Attn: Xxxxx X. Xxxxxxxx By: /s/ Xxxxxxx Xxxx X. Xxxxxx, VP ---------------------- Its: Xxxx ------------------- Xxxxxxx X. Xxxx Its Xxxxxx, Vice President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized
Appears in 1 contract
Samples: Third Amendment Agreement (Pinnacle Data Systems Inc)
JURY TRIAL WAIVER. THE BORROWER BORROWERS WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT. TORT, OR OTHERWISE, BETWEEN THE BANK AND GUARANTORS WAIVE TRIAL BY JURY THE BORROWERS ARISING OUT OF, IN ----------------- ANY COURT IN ANY SUITCONNECTION WITH, ACTIONRELATED TO, PROCEEDING OR ANY MATTER ARISING INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM IN CONNECTION WITH THIS AGREEMENT, OR ANY AMENDMENT THEREOF, OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT, OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND, OR MODIFY THE BANKβS ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT, OR AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR BETWEEN THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOANBORROWERS. Executed to be effective as of the date first set forth aboveBORROWERS: DPAC TECHNOLOGIES CORP. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION ByXxxxxxxxxxxx Its: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONChief Financial Officer QUATECH, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION Xxxxxxxxxxxx Its: Chief Financial Officer BANK: FIFTH THIRD BANK By: /s/ Xxxxxx Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its Its: Vice President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized
Appears in 1 contract
JURY TRIAL WAIVER. BORROWER, AGENTS AND EACH OF THE BORROWER BANKS WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENTS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY AGENTS' OR ANY BANK'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT AMONG BORROWER, AGENTS AND THE BANKS, OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTHEREOF. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYAddress: 23000 Xxxxxx Xxxxxx PARK-OHIO INDUSTRIES, VOLUNTARILYINC. Euclxx, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWERXxxx 00000 Attention: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION Corporate Secretary By: /s/ Xxxxxxx Jamex X. Xxxxxx ----------------------------- Jamex X. Xxxxxx, Xxce President and /s/ Ronaxx X. Xxxxxx ------------------------------ Ronaxx X. Xxxxxx, Xxcretary Address: Key Center KEYBANK NATIONAL ASSOCIATION, 127 Xxxxxx Xxxxxx as a Bank and as Administrative Agent Clevxxxxx, Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION 00000-0000 Attention: Commercial Loans- By: /s/ Xxxxxxx Kennxxx X. Xxxxxx Cleveland District --------------------------------- Kennxxx X. Xxxxxx, Xxce President Address: Huntington Building THE HUNTINGTON NATIONAL BANK 917 Xxxxxx Xxxxxx as a Bank and as Co-Agent Clevxxxxx, Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS 00000 Attention: Commercial By: /s/ Xxxxxxx Michxxx X. Xxxx ------------------- Xxxxxxx Xxxxxxxx Banking Division ---------------------------------- Michxxx X. Xxxx Its Xxxxxxxx, Xxnior Vice President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized
Appears in 1 contract
JURY TRIAL WAIVER. THE BORROWER AND GUARANTORS LENDER WAIVE TRIAL BY ANY RIGHT TO HAVE A JURY PARTICIPATE IN ----------------- RESOLVING ANY COURT DISPUTE, WHETHER SOUNDING IN ANY SUITCONTRACT, ACTIONTORT OR OTHERWISE, PROCEEDING BETWEEN BORROWER AND LENDER, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR ANY MATTER ARISING INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY LENDER'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE BETWEEN BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYLENDER. Address: Pinnacle Data Systems, VOLUNTARILYInc. PINNACLE DATA SYSTEMS, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSINC. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER0000 Xxxx Xxxx Xxxxxxxxx, Xxxx 00000 Attn: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) Xxxxxxx X. Xxxxx By: /s/Xxxxxxx X.Xxxx ------------------ :________________________________ -------------------- Its: Xxxxxxx X. Xxxxx, Executive VP Address: Key Bank National Association KEY BANK NATIONAL ASSOCIATION 00 Xxxx Its PresidentXxxxx Xxxxxx Xxxxxxxx, duly authorized Xxxx 00000 Attn: Xxxxx X. Xxxxxxxx By:________________________________ THE BANK--------------------- Its: FLEET NATIONAL BANK By /s/ Xxxxxx Xxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Xxxxxx, Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized
Appears in 1 contract
Samples: Second Amendment Agreement (Pinnacle Data Systems Inc)
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT CONNECTION HEREWITH OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYBANKRUPTCY SERVICES LLC EPIQ SYSTEMS ACQUISITION, VOLUNTARILYINC. PXXXXXX-XXXXXXX CORPORATION HILSOFT, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSINC. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its PresidentFINANCIAL BALLOTING GROUP, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION LLC By: /s/ Xxxxxxx Exxxxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxx Exxxxxxxx X. Xxxx Its PresidentXxxxxx Secretary, duly authorized BOLT INTERNATIONAL CORPORATION Chief Financial Officer and Treasurer By: /s/ Xxxxxxx Exxxxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxx Exxxxxxxx X. Xxxx Its PresidentXxxxxx Secretary NOVARE, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONINC. NMATRIX, INC. By: /s/ Xxxxxxx Exxxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION Xxxxxx By: /s/ Xxxxxxx Exxxxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxx Exxxxxxxx X. Xxxx Its PresidentXxxxxx Exxxxxxxx X. Xxxxxx Treasurer and Secretary Executive Vice President and Chief Financial Officer EPIQ ADVISORY SERVICES, duly authorized K&B RESOURCES, INC. LLC By: /s/ Xxxxxxx Exxxxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxx Exxxxxxxx X. Xxxx Its Xxxxxx Executive Vice President, duly authorizedChief Financial Officer and Treasurer
Appears in 1 contract
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENT THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT CONNECTION HEREWITH OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYSXXXX ENTERPRISES β SOUTH AFRICA SYKES E-COMMERCE, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION INCORPORATED By: /s/ W. Mxxxxxx Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Jxxxx X. Xxxxxx Name: W. Mxxxxxx Xxxxxxx Name: Jxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXxxxxx Title: President Title: Director SYKES REALTY, duly authorized DUKE PLACE INVESTMENTS INC. MCQUEEN INTERNATIONAL INCORPORATED By: /s/ Xxxxxxx Jxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION Xxxxxx By: /s/ W. Mxxxxxx Xxxxxxx Name: Jxxxx X. Xxxx ------------------- Xxxxxx Name: W. Mxxxxxx Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. Title: Senior Vice President Title: Director SYKES GLOBAL HOLDINGS LLC SXXXX XX HOLDINGS LLC By: /s/ W. Mxxxxxx Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ W. Mxxxxxx Xxxxxxx X. Xxxx ------------------- Name: W. Mxxxxxx Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. ByName: /s/ W. Mxxxxxx Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedTitle: Senior Vice President Title: Senior Vice President SCHEDULE 3 PLEDGED SECURITIES Pledged Name of Subsidiary Jurisdiction Pledgor Percentage Sykes (Bermuda) Holdings Limited Bermuda Sxxxx XX Holdings LLC 65 %
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JURY TRIAL WAIVER. BORROWER, AGENT AND EACH OF THE BORROWER BANK S HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT IS A PART EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE DEFENSE TRANSACTIONS RELATED THERETO.RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR ENFORCEMENT OF OTHERWISE, AMONG BORROWER, AGENT AND THE BANKS, OR ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES THEREOF, ARISING OUT OF, IN CONNECTION THEREWITH. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYWITH, VOLUNTARILYRELATED TO, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT OR INCIDENTAL TO THE REVOLVING LOANRELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION AMCAST INDUSTRIAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentJOHN H. SHUEY ------------------------------------- John H. Shuey, duly authorized BOLT INTERNATIONAL CORPORATION President and Xxxxx Xxecutive Officer KEYBANK NATIONAL ASSOCIATION, as Agent and as a Bank By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentFRANCIS W. LUTZ ------------------------------------- Francis W. Lutz, duly authorized DUKE PLACE INVESTMENTS Portfolio Manager XXXXX XXXXXXCIALE ITALIANA By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION CHARLES DOUGHERTY ------------------------------------- Title: Vice President ------------------------------------- and /s/ TIZIANO GALLONETTO ------------------------------------- Title: Assistant Vice President ------------------------------------- THE BANK OF NEW YORK By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its EDWARD J. DOUGHERTY III ------------------------------------- Title: Vice President, duly authorized CRITERION EXPLORATIONU.S. Commercial Banking ------------------------------------- BANK ONE, NA By: /s/ RANDALL WITH ------------------------------------- Title: Senior Vice President ------------------------------------- CREDIT AGRICOLE INDOSUEZ (successor in interest to Caisse Nationale de Credit Agricole) By: ------------------------------------- Title: ------------------------------------- and ------------------------------------- Title: ------------------------------------- COMERICA BANK By: /s/ NICHOLAS G. MESTER ------------------------------------- Title: Account Officer ------------------------------------- CREDITO ITALIANO SPA By: /s/ CHRISTOPHER J. ELDIN ------------------------------------- Title: First Vice President & Deputy Manager ------------------------------------- and /s/ SAIYED A. ABBAS ------------------------------------- Title: Vice President ------------------------------------- SANPAOLO IMI, SPA By: /s/ LUCA SACCHI ------------------------------------- Title: Vice President ------------------------------------- and /s/ CARLO PERSICO ------------------------------------- Title: Designated Group Manager ------------------------------------- NATIONAL CITY BANK OF DAYTON By: /s/ NEAL J. HINKEL ------------------------------------- Title: Vice President ------------------------------------- BANK ONE, MICHIGAN (successor by merger to NBD Bank) By: /s/ RANDALL WITH ------------------------------------- Title: Senior Vice President ------------------------------------- THE SANWA BANK, LIMITED, CHICAGO BRANCH By: ------------------------------------- Title: ------------------------------------- FIRSTAR BANK, NATIONAL ASSOCIATION (fka STAR BANK, N.A.) By: /s/ THOMAS D. GIBBONS ------------------------------------- Title: Vice President ------------------------------------- GUARANTOR ACKNOWLEDGMENT Each of the undersigned consents and agrees to and acknowledges the terms of the foregoing Third Amendment Agreement. Each of the undersigned further agrees that the obligations of each of the undersigned pursuant to the Guaranty of Payment executed by each of the undersigned shall remain in full force and effect and be unaffected hereby. ELKHART PRODUCTS CORPORATION WHEELTEK, INC. AS INTERNATIONAL, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentDOUGLAS D. WATTS ------------------------------------- Douglas D. Watts, duly authorized STAR GEOPHYSICAL Vice President xx xxxx of the Companies listed above AMCAST INVESTMENT SERVICES CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its JOHN H. SHUEY ------------------------------------- John H. Shuey, President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized
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JURY TRIAL WAIVER. BORROWERS, AGENT AND EACH OF THE BORROWER BANKS WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG ANY BORROWER, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY AGENT'S OR ANY BANK'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT BETWEEN BORROWERS, AGENT AND THE BANKS, OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTHEREOF. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYAgreed to and accepted this 23rd day of April, VOLUNTARILY2002. ADVANCED LIGHTING TECHNOLOGIES, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSVENTURE LIGHTING POWER INC. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOANSYSTEMS NORTH AMERICA INC. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to Allfka Canadian Lighting Systems Holding, Incorporated) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION Steven C. Potts By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentR. Douglas Oulton ------------------ ------------------------------ Steven C. Potts, duly authorized BOLT INTERNATIONAL CORPORATION ByTitle: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INCVP-Finance & Administration Xxxxx Xxxancial Officer ---------------------------- VENTURE LIGHTING EUROPE PARRY POWER SYSTEMS LIMITED LTD. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION Keith Price By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCESE. Young ------------------ ------------------------------- Title: Director Title: Director --------------------- ---------------------------- NATIONAL CITY COMMERCIAL SOVEREIGN BANK FINANCE, INC. By:/s/ Dennis G. Hatvany By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentMichelle A.Walcoff ---------------------------- ------------------------------- Title: Vice President Title: Senior Vice President PNC BANK, duly authorizedNATIONAL ASSOCIATION, as Agent and as a Bank By: /s/ Richard F. Muse ---------------------------- Title: Vice President ------------------------- GUARANTOR ACKNOWLEDGMENT Each of the undersigned consents and agrees to and acknowledges the terms of the foregoing Agreement. Each of the undersigned further agrees that the obligations of each of the undersigned pursuant to the Guaranty of Payment executed by each of the undersigned shall remain in full force and effect and be unaffected hereby. ADLT Realty Corp. I, Inc. ADLT Services, Inc. APL Engineered Materials, Inc. Ballastronix (Delaware), Inc. Lighting Resources International, Inc. Microsun Technologies, Inc. Venture Lighting International, Inc. By: /S/ Steven C. Potts ----------------------------------- Name: Steven C. Potts ------------------------------- Title: CFO ------------------------------ of each of the companies listed above Deposition Sciences, Inc. By: /s/ Steven C. Potts --------------------------------- Name: Steven C. Potts ------------------------------- Title: CFO ------------------------------- signing for each of the companies listed above by Power of Attorney SCHEDULE 1 Canadian Revolving Revolving UK Revolving Credit Credit Credit Term Loan Financial Commitment Commitment Commitment Commitment Commitment Institution Percentage Amount Amount Amount Amount Maximum Amount PNC Bank, National Association 50% $7,500,000.00 $2,000,000.00 $3,000,000.00 $6,500,000.00 $19,000,000.00 National City Commercial Finance, 25% $3,750,000.00 $1,000,000.00 $1,500,000.00 $3,250,000.00 $9,500,000.00 Inc. Sovereign Bank 25% $3,750,000.00 $1,000,000.00 $1,500,000.00 $3,250,000.00 $9,500,000.00 Total 100% $15,000,000.00 $4,000,000.00 $6,000,000.00 $13,000,000.00 $38,000,000.00 Maximum Revolving Credit $25,000,000.00 Commitment Amount Maximum Term Loan Commitment $13,000,000.00 Amount Total Commitment Amount $38,000,000.00
Appears in 1 contract
Samples: Credit Agreement (Advanced Lighting Technologies Inc)
JURY TRIAL WAIVER. EACH OF APPLICANT AND ISSUER WAIVES ANY RIGHT IT MAY HAVE TO A JURY TRIAL OF ANY CLAIM, COUNTERCLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT, THE BORROWER AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITCREDIT, ACTION, PROCEEDING OR ANY DEALINGS WITH ONE ANOTHER RELATING TO THE SUBJECT MATTER ARISING IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSAGREEMENT. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT Very truly yours, Applicant: Address for notices, etc. to Applicant: Ares Capital Corporation 000 Xxxx Xxxxxx, 00xx Xxxxx (Print Name of Applicant) New York, NY 10167 By: /s/ Xxxxx Xxx Attention: Xxxxxx Xxxxxxxx Telephone number: 000-000-0000 Xxxxx Xxx Email: XxxxxxXxxxxxXxxxxx@xxxxxxxx.xxx; (Print Name of Authorized Signer) XXxxxxxxx@xxxxxxxx.xxx Chief Accounting Officer, Vice President and Treasurer (Title of Authorized Signer) Applicantβs jurisdiction of organization, organization type & organizational number (if applicable): Maryland corporation Applicantβs Social Security or Federal tax identification number (if applicable): 00-0000000 Applicantβs Authorized Agent (for service of process per Section 27(b)): Print Name: United Agent Group Inc Complete Address: 0 Xxxxxxxxx Xxxxxx #000, Xxxxx Xxxxx, XX 00000 ACCEPTED AND AGREED TO: DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ Xxxxxxxx Xxxx Name: Xxxxxxxx Xxxx Title: Director By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director [SIGNATURE PAGE TO UNCOMMITTED CONTINUING AGREEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT STANDBY LETTERS OF CREDIT AND TO ENTER INTO THIS MODIFICATION DEMAND GUARANTEES] SCHEDULE I to Uncommitted Continuing Agreement for Standby Letters of Credit and Demand Guarantees dated May 11, 2023 made by Ares Capital Corporation (and, if applicable, one or more other parties) in favor of Deutsche Bank AG New York Branch Letter of Credit or Demand Guarantee number: APPLICATION FOR IRREVOCABLE STANDBY LETTER OF CREDIT OR DEMAND GUARANTEE UNDER UNCOMMITTED CONTINUING AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed FOR STANDBY LETTERS OF CREDIT AND DEMAND GUARANTEES Applicant (insert full name and address): Issuing Bank: Deutsche Bank AG New York Branch 0 Xxxxxxxx Xxxxxx Xxx Xxxx, XX 00000 Date of Application: Expiry Date: Place of Expiry: Β¨ Issue by (air) mail Β¨ Issue by teletransmission Β¨ Issue by courier Β¨ Applicant to arrange pick-up Β¨ Issue by other (specify) Β¨ with brief advice by teletransmission Beneficiary (insert full name and address): Brief Description of Purpose(s) of Credit (e.g., to support payments of interest, fees, damages, insurance Name and Jurisdiction of Organization of any Subsidiary premiums or repayment of a loan): Account Party for this Credit (or specify βNoneβ): Name and Jurisdiction of Organization of any Unaffiliated Account Party for this Credit (or specify βNoneβ): Confirmation of the Credit: Β¨ not requested Β¨ requested Β¨ authorized if requested by Beneficiary Currency and Amount in Figures and Words (please use ISO Currency Codes): Β¨ Credit to be effective issued with the terms and conditions set forth in the attached specimen. Credit available against the document(s) detailed herein: Β¨ Beneficiaryβs sight draft(s) drawn on Issuing Bank Β¨ Original Credit and any and all amendments to the Credit Β¨ Beneficiaryβs signed and dated statement, reading as follows: Β¨ Other documents (specify issuer(s) and data content): Credit to be issued subject to (check one): Β¨ International Standby Practices 1998, International Chamber of Commerce Publication No. 590 (ISP98), or such later revision thereof as may be in effect when the Credit is issued. Β¨ Uniform Customs and Practice for Documentary Credits, 2007 Revision, International Chamber of Commerce Publication No. 600 (UCP 600), or such later revision thereof as may be in effect when the Credit is issued. Β¨ Uniform Rules for Demand Guarantees, 2010 Revision, International Chamber of Commerce Publication No. 758, or such later revision thereof as may be in effect when the Credit is issued. Β¨ See attached for additional instructions, including if Beneficiary is a bank being asked to issue its own undertaking Β¨ Check if only a single drawing for all or a portion of the amount of the Credit is permitted 20 The undersigned requests you to issue your irrevocable letter of credit, demand guarantee or similar undertaking (herein called the βCreditβ), substantially in accordance with these instructions (marked (x) where appropriate). The undersigned agrees to be bound in respect of the Credit by the terms and conditions of the Uncommitted Continuing Agreement for Standby Letters of Credit and Demand Guarantees dated May 11, 2023, as amended, supplemented or otherwise modified from time to time, made by the undersigned (and, if applicable, one or more other parties) to Deutsche Bank AG New York Branch (which Agreement you may have received by electronic transmission). The undersigned represents and warrants to you that (i) no Event of Default (as defined in such Agreement) or other event that with notice or lapse of time or both would constitute such an Event of Default has occurred and is continuing or would result from the issuance of the requested Credit and (ii) all representations and warranties contained in such Agreement (other than those contained in clauses (iv)(b) and (vi) of Section 16(a) of such Agreement) are true and correct in all material respects as of the date first set forth abovehereof and shall be true and correct in all material respects immediately after issuance of the requested Credit. THE BORROWERApplicantβs Name: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) ARES CAPITALCORPORATION By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANKPrint Name: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORSTitle: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INCTHIS IS AN IMPORTANT LEGAL DOCUMENT. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedCONSULT WITH YOUR LEGAL COUNSEL.
Appears in 1 contract
Samples: Ares Capital Corp
JURY TRIAL WAIVER. BORROWER, AGENT AND EACH OF THE BORROWER BANKS WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT IS A PART EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYAddress: 00000 Xxxxxxx Xxxx NORDSON CORPORATION Westlake, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWEROhio 44145 Attention: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its Vice President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx Chief Financial Officer Name: Xxxxxxx X. Xxxx Its Xxxxxxx Title: Vice President, duly authorized BOLT INTERNATIONAL CORPORATION Chief Financial Officer Address: PNC Center PNC BANK, NATIONAL ASSOCIATION, 0000 Xxxx Xxxxx Xxxxxx as Administrative Agent and as a Bank Xxxxxxxxx, Xxxx 00000 Attention: Xxxxxx X. Xxxxx By: /s/ Xxxxxxx Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Address: PNC Center 0000 Xxxx ------------------- Xxxxxxx X. Xxxxx Xxxxxx Xxxxxxxxx, Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS 00000 By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxx Attention: Xxxxxx X. Xxxx Its PresidentXxxxxx PNC CAPITAL MARKETS LLC Name: Xxxxxx X. Xxxxxx Title: Director (Signature Page to Credit Agreement) Schedule 1 Banks and Commitments Bank Commitment Percentage Commitment Amount PNC Bank, duly authorized BOLT EXPORT CORPORATION ByNational Association 100.00 % $ 250,000,000.00 Total Commitment Amount: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized100.00 % $ 250,000,000.00 Schedule 6.4 and 6.8
Appears in 1 contract
JURY TRIAL WAIVER. EACH BORROWER, AGENT AND EACH OF THE BORROWER BANKS WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT IS A PART EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYAddress: 00000 Xxxxxxx Xxxx Westlake, VOLUNTARILYOhio 44145 Attention: Vice President, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSChief Financial Officer NORDSON CORPORATION By: Name: Xxxxxxx X. Xxxxxxx Title: Vice President, Chief Financial Officer Address: KeyTower 000 Xxxxxx Xxxxxx Xxxxxxxxx, Xxxx 00000 Attention: KCIB Loan Services KEYBANK NATIONAL ASSOCIATION, as Administrative Agent and as a Bank By: Name: Xxxxx X. Xxx Title: Vice President [Other Signature Pages to Follow] Address: JPMorgan Chase Bank 10 X. Xxxxxxxx, Fl. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR 09 Xxxxxxx, XX 00000 Attn: Xxxx X. Xxxxx JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as a Bank By: Name: Xxxx X. Xxxxx Title: Vice President Address: 000 Xxxx Xxxxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, XX 00000 THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective OF TOKYO-MITSUBISHI UFJ, LTD., as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) a Bank By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Name: Title: Address: PNC BANK, NATIONAL ASSOCIATION, as a Bank By: Name: Title: Address: RBS CITIZENS, N.A., as a Bank By: Name: Title: Address: Xxxxx Fargo 000 X. Xxxxxx St., Suite 1800 Chicago, IL 60606 XXXXX FARGO BANK, NATIONAL ASSOCIATION, as a Bank By: Name: Xxxx Xxxxxx Title: Vice President Address: Bank of America, N.A. 0000 XXX Xxxx., Xxxxx 0000 Xxxxxxxxxxxx, XX 00000 BANK OF AMERICA, N.A., as a Bank By: Name: Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANKTitle: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Senior Vice President Address: THE GUARANTORS: CUSTOM PRODUCTS CORPORATIONNORTHERN TRUST COMPANY, formerly known as, CUSTOM ACQUISITION CORPORATION as a Bank By: /s/ Xxxxxxx X. Name: Title: Address: Fifth Third Bank 000 Xxxxxxxx Xxx. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXxxxxxxxx, duly authorized BOLT INTERNATIONAL CORPORATION XX 00000 FIFTH THIRD BANK, as a Bank By: /s/ Xxxxxxx X. Name: Xxxxxx Xxxxx Title: Vice President Address: Huntington National Bank 00 Xxxxx Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXxxxxx Xxxxxxxx, duly authorized DUKE PLACE INVESTMENTS XX 00000 THE HUNTINGTON NATIONAL BANK, as a Bank By: /s/ Xxxxxxx X. Name: Xxxxxx Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentTitle: Vice President Schedule 1-A Banks and Commitments Bank Commitment Revolving Commitment Amount Percentage KeyBank National Association 15.000000000 % $ 75,000,000 JPMorgan Chase National Association 12.200000000 % $ 61,000,000 Bank of Tokyo β Mitsubishi UFJ, duly authorized BOLT EXPORT CORPORATION ByLtd, 12.200000000 % $ 61,000,000 PNC Bank, National Association 12.200000000 % $ 61,000,000 RBS Citizens, N.A. 12.200000000 % $ 61,000,000 Xxxxx Fargo Bank, National 10.200000000 % $ 51,000,000 Association Northern Trust 8.000000000 % $ 40,000,000 Bank of America, N.A. 8.000000000 % $ 40,000,000 Fifth Third Bank 5.000000000 % $ 25,000,000 The Huntington Bank 5.000000000 % $ 25,000,000 Total Commitment Amount: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized100.00 % $ 500,000,000.00 Schedule 1-B MANDATORY COST FORMULAE
Appears in 1 contract
JURY TRIAL WAIVER. TO THE BORROWER EXTENT PERMITTED BY LAW, EACH BORROWER, AGENT AND GUARANTORS EACH LENDER WAIVE TRIAL BY ANY RIGHT TO HAVE A JURY PARTICIPATE IN ----------------- RESOLVING ANY COURT DISPUTE, WHETHER SOUNDING IN ANY SUITCONTRACT, ACTIONTORT OR OTHERWISE, PROCEEDING AMONG BORROWERS, AGENT AND THE LENDERS, OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT IS A PART EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: NN INTERNATIONAL B.V. /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxx, Xx. Name: Xxxxxxx X. Xxxxx, Xx. Title: Managing Director Address: c/o NN, Inc. 0000 Xxxxxx Xxxx Its PresidentXxxxx Xxxxxxxx X, duly authorized BOLT INTERNATIONAL CORPORATION ByXxxxx 00 Xxxxxxx Xxxx, Xxxxxxxxx 00000 Attention: Xxxxxxx X. Xxxxx, Xx. Phone: (000) 000-0000 Facsimile: (000) 000-0000 NN SLOVAKIA, S.R.O. /s/ Xxxxxxx X. Xxxx ------------------- Xxxxx, Xx. Name: Xxxxxxx X. Xxxxx, Xx. Title: Executive Director Address: c/o NN, Inc. 0000 Xxxxxx Xxxx Its PresidentXxxxx Xxxxxxxx X, duly authorized DUKE PLACE INVESTMENTS ByXxxxx 00 Xxxxxxx Xxxx, Xxxxxxxxx 00000 Attention: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXxxxx, duly authorized BOLT EXPORT CORPORATION ByXx. Phone: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By(000) 000-0000 Facsimile: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized(000) 000-0000
Appears in 1 contract
Samples: Credit Agreement (Nn Inc)
JURY TRIAL WAIVER. EACH PARTY HERETO HEREBY WAIVES, TO THE BORROWER AND GUARANTORS WAIVE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ----------------- ANY COURT IN LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT, ANY SUITOTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, ACTION, PROCEEDING TORT OR ANY MATTER ARISING IN CONNECTION WITH OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE BORROWER'S FOREGOING WAIVER AND GUARANTORS' RIGHTS (B) ACKNOWLEDGES THAT IT AND REMEDIES IN CONNECTION THEREWITH. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO BY, AMONG OTHER THINGS, THE REVOLVING LOANMUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION. Executed to be effective (The next page is the signature page.) Witness the execution and delivery hereof as an instrument under seal as of the date first set forth above. THE BORROWERGUARANTORS: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) OP TNP STRATEGIC RETAIL OPERATING PARTNERSHIP, LP, a Delaware limited partnership By: /s/TNP Strategic Retail Trust, Inc., a Maryland corporation, its General Partner By: /s/ Xxxxxxxxxxx Xxxxxxx X.Xxxx ------------------ __________________________ Name: Xxxxxxxxxxx Xxxxxxx X. Xxxx Its PresidentTitle: CFO-SRT, duly authorized __________________________ THE BANKREIT By: FLEET /s/ Xxxxxxxxxxx Xxxxxxx Name: Xxxxxxxxxxx Xxxxxxx Title: CFO-SRT, REIT REIT TNP STRATEGIC RETAIL TRUST, INC., a Maryland corporation By: /s/ Xxxxxxxxxxx Xxxxxxx Name: Xxxxxxxxxxx Xxxxxxx Title: CFO-SRT, REIT TNP XXXXXXXX NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATIONPROPERTIES, formerly known asLLC, CUSTOM ACQUISITION CORPORATION a Delaware limited liability company By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxxx Name: Xxxxxxx X. Xxxx Its PresidentXxxxxxxx Title: CEO AWT AWT FAMILY LIMITED PARTNERSHIP, duly authorized BOLT INTERNATIONAL CORPORATION a California limited partnership By: West Coast Health Insurance Services, Inc., a California corporation, its General Partner By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxxx Name: Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS ByXxxxxxxx Title: CEO Xxxxxxxx /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxxx Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedXxxxxxxx [Signature Page to Guaranty Agreement
Appears in 1 contract
Samples: Guaranty Agreement (TNP Strategic Retail Trust, Inc.)
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT CONNECTION HEREWITH OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) DELTA RUBBER COMPANY By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ /s/ Xxxxxxx X. Xxxx Its PresidentXxxxx, duly authorized __________________________ THE BANKXx. Name: FLEET NATIONAL BANK By Xxxxxxx X. Xxxxx, Xx. Title: Officer/Director TRIUMPH LLC By: /s/ Xxxxxx X. Xxxxxxxxxx Name: Xxxxxx ----------------------- Xxxxxxxxxx Title: Chief Financial Officer WHIRLAWAY CORPORATION By: /s/ Xxxxxx X. Xxxxxxxxxx Name: Xxxxxx Its Vice President THE GUARANTORSXxxxxxxxxx Title: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION Chief Financial Officer INDUSTRIAL MOLDING CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxx, Xx. Name: Xxxxxxx X. Xxxx Its PresidentXxxxx, duly authorized BOLT INTERNATIONAL CORPORATION ByXx. Title: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedOfficer
Appears in 1 contract
Samples: Third Amendment Agreement (Nn Inc)
JURY TRIAL WAIVER. BORROWER, AGENT AND EACH OF THE BORROWER BANKS HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT IS A PART EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION AMCAST INDUSTRIAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentJOHN H. SHUEY ------------------------------------- John H. Shuey, duly authorized BOLT INTERNATIONAL CORPORATION President and Xxxxx Xxecutive Officer KEYBANK NATIONAL ASSOCIATION, as Agent and as a Bank By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentFRANCIS W. LUTZ ------------------------------------- Francis W. Lutz, duly authorized DUKE PLACE INVESTMENTS Portfolio Manager XXXXX XXXXXXCIALE ITALIANA By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its CHARLES DOUGHERTY ------------------------------------- Title: Vice President ------------------------------------- and /s/ EDWARD BERMANT ------------------------------------- Title: First Vice President, duly authorized BOLT EXPORT CORPORATION Deputy Manager ------------------------------------- THE BANK OF NEW YORK By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its EDWARD J. DOUGHERTY III ------------------------------------- Title: Vice President, duly authorized CRITERION EXPLORATIONU.S. Commercial Banking ------------------------------------- BANK ONE, NA By: /s/ RANDALL WITH ------------------------------------- Title: Senior Vice President ------------------------------------- CREDIT AGRICOLE INDOSUEZ (successor in interest to Caisse Nationale de Credit Agricole) By: /s/ RAYMOND A. FALKENBERG ------------------------------------- Title: Vice President, Senior Relationship Manager ------------------------------------- and /s/ SUSAN KNIGHT ------------------------------------- Title: Vice President ------------------------------------- COMERICA BANK By: /s/ NICHOLAS G. MESTER ------------------------------------- Title: Account Officer ------------------------------------- UNI CREDITO ITALIANO SPA By: /s/ CHRISTOPHER J. ELDIN ------------------------------------- Title: First Vice President & Deputy Manager ------------------------------------- and /s/ GIANFRANCO BISAGNI ------------------------------------- Title: First Vice President ------------------------------------- SANPAOLO IMI, SPA By: /s/ LUCA SACCHI ------------------------------------- Title: Vice President ------------------------------------- and /s/ CARLO PERSICO ------------------------------------- Title: Designated Group Manager ------------------------------------- NATIONAL CITY BANK By: /s/ NEAL J. HINKEL ------------------------------------- Title: Vice President ------------------------------------- BANK ONE, INDIANA, NA. (successor by merger to NBD Bank, N.A.) By: /s/ EDWARD HATHAWAY ------------------------------------- Title: First Vice President ------------------------------------- THE SANWA BANK, LIMITED, CHICAGO BRANCH By: /s/ KENNETH C. EICHWALD ------------------------------------- Title: First Vice President and Assistant General Manager ------------------------------------- FIRSTAR BANK, NATIONAL ASSOCIATION (fka STAR BANK, N.A.) By: /s/ THOMAS D. GIBBONS ------------------------------------- Title: Vice President ------------------------------------- GUARANTOR ACKNOWLEDGMENT Each of the undersigned consents and agrees to and acknowledges the terms of the foregoing Fourth Amendment Agreement. Each of the undersigned further agrees that the obligations of each of the undersigned pursuant to the Guaranty of Payment executed by each of the undersigned shall remain in full force and effect and be unaffected hereby. ELKHART PRODUCTS CORPORATION WHEELTEK, INC. AS INTERNATIONAL, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentDOUGLAS D. WATTS ------------------------------------- Douglas D. Watts, duly authorized STAR GEOPHYSICAL Vice President xx xxxx of the Companies listed above AMCAST INVESTMENT SERVICES CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its JOHN H. SHUEY ------------------------------------- John H. Shuey, President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized
Appears in 1 contract
Samples: Fourth Amendment Agreement (Amcast Industrial Corp)
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY THE ABILITY OF AGENT AND LENDERS TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR BETWEEN BORROWERS, AGENT AND THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHLENDERS. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYCORE COMPOSITES CINCINNATI, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) LLC By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxx, Xx. Name: Xxxxxx X. Xxxxxx Its Xxxx, Xx. Title: Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION & CFOβ CORE COMPOSITES CORPORATION By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx Xxxx, Xx. Name: Xxxxxx X. Xxxx Xxxx, Xx. Title: Vice President & CFOβ CORE AUTOMOTIVE TECHNOLOGIES, LLC By: Core Molding Technologies, Inc., Its President, duly authorized BOLT INTERNATIONAL CORPORATION sole member By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx Xxxx, Xx. Name: Xxxxxx X. Xxxx Its PresidentXxxx, duly authorized DUKE PLACE INVESTMENTS ByXx. Title: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentVice President & CFOβ SCHEDULE 1 COMMITMENTS OF THE LENDERS* LENDERS KeyBank National Association COMMITMENT PERCENTAGE 100 % REVOLVING CREDIT COMMITMENT AMOUNT $ 8,000,000.00 TERM LOAN COMMITMENT AMOUNT $ 0.00 CAPEX COMMITMENT AMOUNT $ 8,428,571.00 EXPANSION REVOLVING CREDIT COMMITMENT $ 10,000,000.00 AMOUNT MEXICAN LOAN COMMITMENT AMOUNT $ 4,800,000.00 IDRB LETTER OF CREDIT COMMITMENT AMOUNT $ 1,632,767 MAXIMUM AMOUNT $ 32,861,338.00 TOTAL COMMITMENT AMOUNT: $ 32,861,338.00 *Effective as of the Sixth Amendment Effective Date, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its Presidenttaking into account (a) amortization of principal on the Term Loan Commitment, duly authorized CRITERION EXPLORATIONCapex Commitment and Mexican Loan Commitment, and (b) reductions in the undrawn amount of the IDRB Letter of Credit. EXHIBIT M FORM OF EXPANSION REVOLVING CREDIT NOTE $10,000,000 Columbus, Ohio June 1, 2011 FOR VALUE RECEIVED, the undersigned, CORE MOLDING TECHNOLOGIES, INC. By: /s/ Xxxxxxx X. ., a Delaware corporation (βBorrowerβ), promises to pay, on the last day of the applicable Commitment Period, as defined in the Credit Agreement (as hereinafter defined), to the order of KEYBANK NATIONAL ASSOCIATION (βLenderβ) at the main office of KEYBANK NATIONAL ASSOCIATION, as Agent, as hereinafter defined, 00 Xxxx ------------------- Xxxxxxx X. Xxxxx Xxxxxx, Xxxxxx Xxxxx, Xxxxxxxx, Xxxx Its President00000 the principal sum of TEN MILLION AND 00/100 DOLLARS or the aggregate unpaid principal amount of all Expansion Revolving Loans, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its Presidentas defined in the Credit Agreement, duly authorized K&B RESOURCESas hereinafter defined, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its Presidentmade by Lender to Borrower pursuant to Section 2.4A(a) of the Credit Agreement, duly authorizedwhichever is less, in lawful money of the United States of America.
Appears in 1 contract
Samples: Sixth Amendment Agreement (Core Molding Technologies Inc)
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY THE ABILITY OF AGENT AND LENDERS TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BETWEEN BORROWER'S , AGENT AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHLENDERS. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSSHILOH CORPORATION GREENFIELD DIE & MANUFACTURING CORP. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION Xxxxx By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxx Xxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx Xxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONXxxxx Treasurer Treasurer JEFFERSON BLANKING INC. SHILOH AUTOMOTIVE, INC. By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION Xxxxx By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxx Xxxxxx X. Xxxx Its PresidentXxxxx Xxxxxx X. Xxxxx Assistant Secretary Treasurer By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Treasurer Guarantor Acknowledgment and Agreement SHILOH INDUSTRIES, duly authorized K&B RESOURCESINC. XXXXXXX MANUFACTURING DIVISION LIVERPOOL COIL PROCESSING, INCORPORATED By: /s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Treasurer Treasurer XXXXXX BLANKING, INC. THE SECTIONAL DIE COMPANY By: /s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Treasurer Treasurer SECTIONAL STAMPING, INC. By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxx Xxxxxx X. Xxxx Its PresidentXxxxx Treasurer Guarantor Acknowledgment and Agreement SCHEDULE 1 LENDERS COMMITMENT PERCENTAGE REVOLVING CREDIT COMMITMENT AMOUNT MAXIMUM AMOUNT National City Bank 29.1666666667 % $ 27,708,333.34 $ 27,708,333.34 The PrivateBank and Trust Company 29.1666666667 % $ 27,708,333.33 $ 27,708,333.33 FirstMerit Bank, duly authorizedN.A. 16.0000000000 % $ 15,833,333.33 $ 15,833,333.33 KeyBank National Association 12.5000000000 % $ 11,875,000.00 $ 11,875,000.00 RBS Citizens, National Association 12.5000000000 % $ 11,875,000.00 $ 11,875,000.00 Total Commitment Amount 100.0000000000 % $ 95,000,000 $ 95,000,000 EXHIBIT G FORM OF BORROWING FORMULA CERTIFICATE
Appears in 1 contract
JURY TRIAL WAIVER. EACH CREDIT PARTY, THE BORROWER ADMINISTRATIVE AGENT AND GUARANTORS EACH OF THE LENDERS HEREBY WAIVE TRIAL BY ANY RIGHT TO HAVE A JURY PARTICIPATE IN ----------------- RESOLVING ANY COURT DISPUTE, WHETHER SOUNDING IN ANY SUITCONTRACT, ACTIONTORT OR OTHERWISE, PROCEEDING AMONG THE CREDIT PARTIES, THE ADMINISTRATIVE AGENT AND THE LENDERS, OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT IS A PART EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth aboveTRANSACTIONS RELATED THERETO. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONAMERICAN DENTAL PARTNERS, INC. By: /s/ Xxxxxxx Xxx X. Xxxx ------------------- Xxxxxxx Xxxxx Name: Xxx X. Xxxx Its Xxxxx Title: Vice President, duly authorized STAR GEOPHYSICAL CORPORATION Planning and Investment THE SUBSIDIARY GUARANTORS: ADP OF NEW YORK, LLC, a Subsidiary Guarantor By: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President AMERICAN DENTAL PARTNERS OF ALABAMA, LLC, a Subsidiary Guarantor By: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President AMERICAN DENTAL PARTNERS OF CALIFORNIA, INC., a Subsidiary Guarantor By: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President AMERICAN DENTAL PARTNERS OF LOUISIANA, LLC, a Subsidiary Guarantor By: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President AMERICAN DENTAL PARTNERS OF MARYLAND, LLC, a Subsidiary Guarantor By: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President AMERICAN DENTAL PARTNERS OF MICHIGAN, LLC, a Subsidiary Guarantor By: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President AMERICAN DENTAL PARTNERS OF MISSOURI, LLC, a Subsidiary Guarantor By: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President AMERICAN DENTAL PARTNERS OF NORTH CAROLINA, LLC, a Subsidiary Guarantor By: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President AMERICAN DENTAL PARTNERS OF OKLAHOMA, LLC, a Subsidiary Guarantor By: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President AMERICAN DENTAL PARTNERS OF PENNSYLVANIA, LLC, a Subsidiary Guarantor By: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President AMERICAN DENTAL PARTNERS OF TENNESSEE, LLC, a Subsidiary Guarantor By: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President AMERICAN DENTAL PARTNERS OF VIRGINIA, LLC, a Subsidiary Guarantor By: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President AMERICAN DENTAL PROFESSIONAL SERVICES, LLC, a Subsidiary Guarantor By: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President APPLE PARK ASSOCIATES, INC., a Subsidiary Guarantor By: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President AMERICAN DENTAL PARTNERS OF ARIZONA, LLC, a Subsidiary Guarantor By: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President AMERICAN DENTAL PARTNERS OF WISCONSIN, LLC, a Subsidiary Guarantor By: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President PDHC, LTD., a Subsidiary Guarantor By: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President TEXAS DENTAL MANAGEMENT, INC., a Subsidiary Guarantor By: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President TEXAS DENTAL PARTNERS, LP, a Subsidiary Guarantor By: TEXAS DENTAL MANAGEMENT, INC., as its General Partner Name: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President XXXX DENTAL LAB, INC., a Subsidiary Guarantor Name: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President ADP-CFK, LLC, a Subsidiary Guarantor Name: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President CARE FOR KIDS β USA, LLC, a Subsidiary Guarantor Name: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President CARE FOR KIDS OF ARIZONA, LLC, a Subsidiary Guarantor Name: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President AMERICAN DENTAL PARTNERS OF MINNESOTA, LLC, a Subsidiary Guarantor Name: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President THE ADMINISTRATIVE AGENT AND THE LENDERS: KEYBANK NATIONAL ASSOCIATION, as a Lender, a Letter of Credit Issuer and Administrative Agent By: /s/ X.X. Xxxxxx Name: X.X. Xxxxxx Title: SVP BANKNORTH, N.A. By: /s/ Xxxxxxx X. Xxxx ------------------- Wrestling Name: Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. Wrestling Title: Senior Vice President CITIZENS BANK OF MASSACHUSETTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedName: Xxxxxxx Xxxxxxx
Appears in 1 contract
Samples: Omnibus Amendment Agreement and Waiver (American Dental Partners Inc)
JURY TRIAL WAIVER. TO THE BORROWER EXTENT PERMITTED BY LAW, EACH BORROWER, AGENT AND GUARANTORS EACH LENDER WAIVE TRIAL BY ANY RIGHT TO HAVE A JURY PARTICIPATE IN ----------------- RESOLVING ANY COURT DISPUTE, WHETHER SOUNDING IN ANY SUITCONTRACT, ACTIONTORT OR OTHERWISE, PROCEEDING AMONG BORROWERS, AGENT AND THE LENDERS, OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT IS A PART EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S TRANSACTIONS RELATED THERETO. Address: 000 Xxxxx Xxx Xxxxxx, Xxxxx 0000 Xxxxxxxxx, Xxxxxxxxx 00000 Attention: R. Xxxxxx Xxxx BRANCH BANKING AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYTRUST COMPANY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) a Lender By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. R. Xxxxxx Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ R. Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Xxxx Senior Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedSignature Page 4 of 5 of the Amended and Restated Credit Agreement
Appears in 1 contract
Samples: Credit Agreement (Nn Inc)
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY THE ABILITY OF AGENT AND LENDERS TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR AMONG BORROWERS, AGENT, THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR LENDERS AND THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHUNDERSIGNED. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYCORE COMPOSITES CINCINNATI, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) LLC By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxx, Xx. Name: Xxxxxx X. Xxxxxx Its Xxxx, Xx. Title: Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATIONPresident, formerly known asSecretary, CUSTOM ACQUISITION Treasurer and Chief Financial Officer CORE COMPOSITES CORPORATION By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx Xxxx, Xx. Name: Xxxxxx X. Xxxx Its Xxxx, Xx. Title: Vice President, duly authorized BOLT INTERNATIONAL CORPORATION Secretary, Treasurer and Chief Financial Officer CORE AUTOMOTIVE TECHNOLOGIES, LLC By: Core Molding Technologies, Inc., Its sole member By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx Xxxx, Xx. Name: Xxxxxx X. Xxxx Its PresidentXxxx, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedXx.
Appears in 1 contract
Samples: Seventh Amendment Agreement (Core Molding Technologies Inc)
JURY TRIAL WAIVER. EACH PARTY HERETO HEREBY WAIVES, TO THE BORROWER AND GUARANTORS WAIVE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ----------------- ANY COURT IN LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT, ANY SUITOTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, ACTION, PROCEEDING TORT OR ANY MATTER ARISING IN CONNECTION WITH OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE BORROWER'S FOREGOING WAIVER AND GUARANTORS' RIGHTS (B) ACKNOWLEDGES THAT IT AND REMEDIES IN CONNECTION THEREWITH. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO BY, AMONG OTHER THINGS, THE REVOLVING LOANMUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION. Executed to be effective (The next page is the signature page) Witness the execution and delivery hereof as an instrument under seal as of the date first set forth above. THE BORROWERGUARANTOR: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) STRATEGIC REALTY TRUST, INC., a Maryland corporation By: /sName: Title: Address for notices: Strategic Realty Trust, Inc. c/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx o SRT Advisors, LLC 400 X. Xxxx Its PresidentXx Xxxxxx Xxxx, duly authorized __________________________ THE BANKXxxxx 0000 Xxx Xxxxx, Xxxxxxxxxx 00000 Attention: FLEET NATIONAL BANK By /s/ Axxxxx Xxxxxxxxxx, CEO Fax No.: 600-000-0000 With a copy to: Strategic Realty Trust, Inc. c/o SRT Advisors, LLC 400 X. Xx Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORSXxxx, Xxxxx 0000 Xxx Xxxxx, Xxxxxxxxxx 00000 Attention: CUSTOM PRODUCTS CORPORATIONG. Lxx Xxxxx, formerly known asXx., CUSTOM ACQUISITION CORPORATION ByGeneral Counsel Fax No.: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized600-000-0000
Appears in 1 contract
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY THE ABILITY OF AGENT AND LENDERS TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BETWEEN BORROWER'S , AGENT AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHLENDERS. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYCORE COMPOSITES CINCINNATI, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) LLC By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxx, Xx. Name: Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORSXxxx, Xx. Title: CUSTOM PRODUCTS CORPORATIONV.P., formerly known asSecretary, CUSTOM ACQUISITION Treasurer & CFO CORE COMPOSITES CORPORATION By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx Xxxx, Xx. Name: Xxxxxx X. Xxxx Xxxx, Xx. Title: V.P., Secretary, Treasurer & CFO CORE AUTOMOTIVE TECHNOLOGIES LLC By: Core Molding Technologies, Inc., Its President, duly authorized BOLT INTERNATIONAL CORPORATION sole member By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx Xxxx, Xx. Name: Xxxxxx X. Xxxx Its PresidentXxxx, duly authorized DUKE PLACE INVESTMENTS ByXx. Title: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentV.P., duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentSecretary, duly authorized CRITERION EXPLORATIONTreasurer & CFO SCHEDULE 5.12 PRESS TRANSFERS 1. Press with identification number 220, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its Presidentowned by Core Molding Technologies, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedInc.
Appears in 1 contract
Samples: Fourth Amendment Agreement (Core Molding Technologies Inc)
JURY TRIAL WAIVER. BORROWERS AND BANK EACH WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, BETWEEN BANK AND BORROWERS ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE BORROWER AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUIT, ACTION, PROCEEDING OR ANY MATTER ARISING RELATIONSHIP ESTABLISHED BETWEEN THEM IN CONNECTION WITH THIS CREDIT AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WARNING SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY BANK' S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR AMONG BANK AND BORROWERS. Address: 25425 Center Ridge Road THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYCLEVELAND INDIANS BASEBALL Westxxxx, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS 00000 COMPANY LIMITED PARTNERSHIP CLEVELAND BASEBALL CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION its General Partner By: /s/ Xxxxxxx Richxxx X. Xxxx ------------------- Xxxxxxx Xxxxxx -------------------------------- Richxxx X. Xxxx Its PresidentXxxxxx, duly authorized BOLT INTERNATIONAL CORPORATION Xxesident BALLPARK MANAGEMENT COMPANY By: /s/ Xxxxxxx Richxxx X. Xxxxxx -------------------------------- Richxxx X. Xxxxxx, Xxesident Address: 127 Xxxxxx Xxxxxx XXXXXXX XXXXXXXX XXXX Xxxxxxxxx, Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS 00000 By: /s/ Davix X. Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By-------------------------------- Its: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedVice President -------------------------------- AMENDMENT TO LOAN AGREEMENT ("AMENDMENT") ---------------------------
Appears in 1 contract
Samples: Credit Agreement (Cleveland Indians Baseball Co Inc)
JURY TRIAL WAIVER. BORROWERS, AGENT AND EACH OF THE BORROWER BANKS WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY AGENT'S OR ANY BANK'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT AMONG BORROWERS, AGENT AND THE BANKS, OR THE FINANCING TRANSACTION ANY THEREOF. Address: 101 South Fifth Street NATIONAL CITY BANK OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYKENXXXXX, VOLUNTARILYLouisville, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective Kentucky 40202 as of the date first set forth above. THE BORROWERAgent and as a Bank Xxxx: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION ByXxroy Scott Xx: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentDeroy Scott Xxxxx: SVP Address: 416 W. Jefferson Street, duly authorized BOLT INTERNATIONAL CORPORATION By2nd Floor BANK ONE, KENTUCKY, N.A., Xxxxsville, Kentucky 40202 as Syndication Agent Xxxx: Xxxxxx B. Ferguson Xx: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its Thelma B. Ferguson Xxxxx: First Vice President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized
Appears in 1 contract
JURY TRIAL WAIVER. BORROWER, AGENT AND EACH OF THE BORROWER BANKS HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT IS A PART EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION AMCAST INDUSTRIAL CORPORATION By: /s/ Xxxxxxx John X. Xxxx ------------------- Xxxxxxx Xxxxx -------------------------------------- John X. Xxxx Its PresidentXxxxx, duly authorized BOLT INTERNATIONAL CORPORATION Xxesident and Chief Executive Officer KEYBANK NATIONAL ASSOCIATION as Agent and as a Bank By: /s/ Xxxxxxx Lawrxxxx X. Xxxx ------------------- Xxxxxxx -------------------------------------- Lawrxxxx X. Xxxx Its PresidentXxxx, duly authorized DUKE PLACE INVESTMENTS Xxnior Vice President BANCA COMMERCIALE ITALIANA By: /s/ Xxxxxxx D.R. Xxxx -------------------------------------- D.R. Xxxx, Xxce President and /s/ Mathxx X. Xxxx ------------------- Xxxxxxx Xxxxxxxx -------------------------------------- Mathxx X. Xxxx Its PresidentXxxxxxxx, duly authorized BOLT EXPORT CORPORATION Xxce President THE BANK OF NEW YORK By: /s/ Xxxxxxx Edwaxx X. Xxxx ------------------- Xxxxxxx Xxxxxxxxx XXX -------------------------------------- Edwaxx X. Xxxx Its PresidentXxxxxxxxx XXX, duly authorized CRITERION EXPLORATIONVice President US Commercial Banking BANK ONE, INC. NA By: /s/ Xxxxxxx Susax X. Xxxx ------------------- Xxxxxxx Xxxxxxxx -------------------------------------- Susax X. Xxxx Its PresidentXxxxxxxx, duly authorized STAR GEOPHYSICAL CORPORATION Xxce President & Portfolio Manager CREDIT AGRICOLE INDOSUEZ (successor in interest to Caisse Nationale de Credit Agricole) By: /s/ Xxxxxxx Davix Xxxxx -------------------------------------- Davix Xxxxx, X.V.P. Head of Corporate Banking Chicago and /s/ Kathxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxx -------------------------------------- Kathxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. Xxxxxx First Vice President COMERICA BANK By: /s/ Nichxxxx X. Xxxxxx -------------------------------------- Nichxxxx X. Xxxxxx Account Officer CREDITO ITALIANO SPA By: /s/ H.P. Butlxx -------------------------------------- H.P. Butlxx First Vice President and /s/ Gainfranco Bisagni -------------------------------------- Gainfranco Bisagni First Vice President INSTITUTO BANCARIO SAN PAOLO DI TORINO, SPA By: /s/ Willxxx X. XxXxxxxx -------------------------------------- Willxxx X. XxXxxxxx First Vice President and /s/ Carlx Xxxxxxx X. Xxxx ------------------- -------------------------------------- Carlx Xxxxxxx X. Xxxx Its President, duly authorizedDJM NATIONAL CITY BANK F/k/a NATIONAL CITY BANK OF DAYTON
Appears in 1 contract
Samples: Second Amendment Agreement (Amcast Industrial Corp)
JURY TRIAL WAIVER. BORROWER, AGENT, THE BORROWER BANKS AND GUARANTORS EACH GUARANTOR HEREBY WAIVE TRIAL BY ANY RIGHT TO HAVE A JURY PARTICIPATE IN ----------------- RESOLVING ANY COURT DISPUTE, WHETHER SOUNDING IN ANY SUITCONTRACT, ACTIONTORT OR OTHERWISE, PROCEEDING AMONG BORROWER, AGENT, THE BANKS, EACH GUARANTOR, OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY AGENT'S OR ANY BANK'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT AMONG BORROWER, AGENT AND THE BANKS, OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTHEREOF. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION AMCAST INDUSTRIAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Name: Xxxxxxx X. Xxxx Its PresidentTitle: Vice President KEYBANK NATIONAL ASSOCIATION, duly authorized BOLT INTERNATIONAL CORPORATION as Agent and as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Vice President INTESABCI - CHICAGO BRANCH (successor in interest to Banca Comerciale Italiana) By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Vice President and /s/ X. Xxxxxxxxx Name: X. Xxxxxxxxx Title: Vice President THE BANK OF NEW YORK By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx Name: Xxxxxxx X. Xxxx Its PresidentXxxxxxx Title: Vice President BANK ONE INDIANA, duly authorized DUKE PLACE INVESTMENTS N.A. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxxxx Name: Xxxxxxx X. Xxxxxxxxx Title: Vice President CREDIT AGRICOLE INDOSUEZ (successor in interest to Caisse Nationale de Credit Agricole) By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President and /s/ Xxxx Its PresidentX. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Senior Relationship Manager COMERICA BANK By: /s/ Xxxxxxxx X. Xxxxxx Name: Xxxxxxxx X. Xxxxxx Title: Assistant Vice President UNICREDITO ITALIANO SPA By: /s/ Xxxxxxxxxxx X. Xxxxx Name: Xxxxxxxxxxx X. Xxxxx Title: F.V.P. & Deputy Manager and /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President SANPAOLO IMI S.p.A. By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President and /s/ Xxxxxxxx Xxxxxxxxx Name: Xxxxxxxx Xxxxxxxxx Title: C.E.O. Area Americas NATIONAL CITY BANK (successor in interest to National City Bank of Dayton) By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Senior Vice President BANK ONE INDIANA, duly authorized BOLT EXPORT CORPORATION N.A. (successor by merger to NBD Bank) By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxxxx Name: Xxxxxxx X. Xxxxxxxxx Title: Vice President FIRSTAR BANK, N.A. (fka STAR BANK, N.A.) By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: AVP / Its Presidentattorney-in-fact GUARANTOR ACKNOWLEDGMENT AND AGREEMENT Each of the undersigned consents and agrees to and acknowledges the terms of the foregoing Seventh Amendment Agreement dated as of July 23, duly authorized CRITERION EXPLORATION2001. Each of the undersigned specifically acknowledges the terms of and consent to the waivers set forth therein. Each of the undersigned further agrees that the obligations of each of the undersigned pursuant to the Guaranties of Payment of Debt executed by each of the undersigned shall remain in full force and effect and be unaffected hereby. Each of the undersigned, by signing below, hereby waives and releases Agent and each of the Banks and their respective directors, officers, employees, attorneys, affiliates and subsidiaries from any and all claims, offsets, defenses and counterclaims of which any of the undersigned is aware, such waiver and release being with full knowledge and understanding of the circumstances and effect thereof and after having consulted legal counsel with respect thereto. JURY TRIAL WAIVER. BORROWER, AGENT, THE BANKS AND EACH GUARANTOR HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENT, THE BANKS, EACH GUARANTOR, OR ANY THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY AFFECT, WAIVE, LIMIT, AMEND OR MODIFY AGENT'S OR ANY BANK'S ABILITY TO PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT AMONG BORROWER, AGENT, THE BANKS AND GUARANTORS, OR ANY THEREOF. ELKHART PRODUCTS CORPORATION AMCAST INVESTMENT SERVICES AMCAST AUTOMOTIVE OF INDIANA, CORPORATION INC. (fka Wheeltek, Inc.) AS INTERNATIONAL, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Name: Xxxxxxx X. Xxxx Its PresidentIZUMI, duly authorized STAR GEOPHYSICAL CORPORATION INC. Title: Vice President AMCAST CASTING TECHNOLOGIES, INC. AMCAST INDUSTRIAL FINANCIAL SERVICES,INC. CASTING TECHNOLOGY COMPANY By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx By: Amcast Casting Technologies, Inc. Name: Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. Xxxxxxx a General Partner Title: Treasurer By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx Name: Xxxxx X. Xxxx Its President, duly authorizedTitle: Secretary
Appears in 1 contract
Samples: Seventh Amendment Agreement (Amcast Industrial Corp)
JURY TRIAL WAIVER. THE BORROWER AND GUARANTORS BANK WAIVE TRIAL BY ANY RIGHT TO HAVE A JURY PARTICIPATE IN ----------------- RESOLVING ANY COURT DISPUTE, WHETHER SOUNDING IN ANY SUITCONTRACT, ACTIONTORT OR OTHERWISE, PROCEEDING BETWEEN BORROWER AND BANK ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR ANY MATTER ARISING INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY BANKβS ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE BETWEEN BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYBANK. Address: BORROWER: 00000 Xxxxxxx Xxxxxxxxx Xxxxx 000 Xxxxxxxxx, VOLUNTARILYXxxx 00000 Attention: Xxxxx X. Xxxxxxxx Fax: 000-000-0000 CTPARTNERS EXECUTIVE SEARCH LLC, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of (f/k/a Christian & Timbers LLC, and which will change its name on or about the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As hereof to AllCTPartners Executive Search, Inc.) By: /s/s/ Xxxxx X. Xxxxxxxx Print Name: Xxxxx X. Xxxxxxxx Its: COO/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx CFO Address: BANK: 0000 Xxxx Xxxxx Xxxxxx Xxxxxxxxx, Xxxx 00000 Attention: Xxxxxx X. Xxxx Its PresidentJPMORGAN CHASE BANK, duly authorized __________________________ THE BANKN.A By: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxx Fax: 000-000-0000 Print Name: Xxxxxx X. Xxxxxx Its Xxxx Its: Senior Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized
Appears in 1 contract
Samples: Credit and Security Agreement (Ctpartners Executive Search LLC)
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY THE ABILITY OF AGENT AND LENDERS TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BETWEEN BORROWER'S , AGENT AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHLENDERS. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSSHILOH CORPORATION GREENFIELD DIE & MANUFACTURING CORP. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION Xxxxx By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx Xxxxx Xxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx Xxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONXxxxx Vice President of Finance Vice President of Finance JEFFERSON BLANKING INC. SHILOH AUTOMOTIVE, INC. By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION Xxxxx By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx Xxxxx Xxxxxx X. Xxxx Its PresidentXxxxx Xxxxx X. Xxxxx Treasurer Vice President of Finance By: /s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxx Vice President of Finance Guarantor Acknowledgment and Agreement SHILOH INDUSTRIES, duly authorized K&B RESOURCESINC. XXXXXXX MANUFACTURING DIVISION LIVERPOOL COIL PROCESSING, INCORPORATED By: /s/ Xxxxx X. Xxxxx By: /s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxx Xxxxx X. Xxxxx Vice President of Finance Vice President of Finance XXXXXX BLANKING, INC. THE SECTIONAL DIE COMPANY By: /s/ Xxxxx X. Xxxxx By: /s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxx Xxxxx X. Xxxxx Vice President of Finance Vice President of Finance SECTIONAL STAMPING, INC. By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx Xxxxx Xxxxx X. Xxxx Its President, duly authorizedXxxxx Vice President of Finance
Appears in 1 contract
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT CONNECTION HEREWITH OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYSXXXX ENTERPRISES β SOUTH AFRICA, VOLUNTARILYINC. FINANCIAL SERVICES WORLDWIDE, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION LLC By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION Kxxxx Xxxxxxxx By: /s/ Xxxxxxx Cxxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxx Name: Kxxxx Xxxxxxxx Name: Cxxxxxx X. Xxxx Its PresidentXxxxx Title: Vice President Title: Director MCQUEEN INTERNATIONAL SYKES REALTY, duly authorized DUKE PLACE INVESTMENTS INC. INCORPORATED By: /s/ Xxxxxxx Jxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION Xxxxxx By: /s/ W. Mxxxxxx Xxxxxxx Name: Jxxxx X. Xxxx ------------------- Xxxxxx Name: W. Mxxxxxx Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. Title: Vice President Title: Director SYKES GLOBAL HOLDINGS LLC SXXXX XX HOLDINGS LLC By: /s/ W. Mxxxxxx Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ W. Mxxxxxx Xxxxxxx X. Xxxx ------------------- Name: W. Mxxxxxx Xxxxxxx X. Xxxx Its PresidentName: W. Mxxxxxx Xxxxxxx Title: Senior Vice President Title: Senior Vice President SYKES E-COMMERCE, duly authorized K&B RESOURCES, INC. INCORPORATED By: /s/ Xxxxxxx Jxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxx Name: Jxxxx X. Xxxx Its President, duly authorizedXxxxxx Title: Director
Appears in 1 contract
JURY TRIAL WAIVER. BORROWER, AGENT AND EACH OF THE BORROWER BANKS HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT IS A PART EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) DAVEY TREE EXPERT COMPANY By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Executive Vice President, CFO and Secretary and /s/ Xxxxxxx X. Xxxx Its PresidentXxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Treasurer KEYBANK NATIONAL ASSOCIATION, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION as Agent and as a Bank By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx Name: Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION Xxxxxxx Title: Vice President NATIONAL CITY BANK By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxx Name: Xxxxxx X. Xxxx Its PresidentXxxxx Title: Senior Vice President FIRSTMERIT BANK, duly authorized DUKE PLACE INVESTMENTS N.A. By: /s/ Xxxxxxx X. Xxxxxx Xxxxxx Xxxx ------------------- Xxxxxxx X. Name: Xxxxxx Xxxxxx Xxxx Its PresidentTitle: Vice President XXXXX FARGO BANK, duly authorized BOLT EXPORT CORPORATION NATIONAL ASSOCIATION By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx Cavallari Name: Xxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. ByCavallari Title: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedVice President GUARANTOR ACKNOWLEDGMENT AND AGREEMENT
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JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG THE BORROWER, THE ADMINISTRATIVE AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS GUARANTOR ACKNOWLEDGMENT AND AGREEMENT, THE AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT CONNECTION HEREWITH OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSZAGG LLC IFROGZ INC. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its PresidentZAGG Inc, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONits Managing Member MOPHIE INC. ZAGG INTELLECTUAL PROPERTY HOLDING CO., INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXXXXX XXXXX Xxxxx Xxxxx ZAGG RETAIL, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCESINC. Chief Executive Officer ZAGG AMPLIFIED, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXXXXX XXXXX Xxxxx Xxxxx President MOPHIE LLC ALTIGO INC. By: mophie Inc, duly authorizedits Managing Member By: /s/ XXXXX XXXXX Xxxxx Xxxxx By: /s/ XXXXX XXXXX President Xxxxx Xxxxx President Guarantor Acknowledgment and Agreement ZAGG HAMPTON LLC By: ZAGG Inc Its: Sole Member By: /s/ XXXXX XXXXX Xxxxx Xxxxx Chief Executive Officer HALO2CLOUD, LLC By: ZAGG Hampton LLC Its: Sole Member By: ZAGG Inc Its: Sole Member By: /s/ XXXXX XXXXX Xxxxx Xxxxx Chief Executive Officer HALO HOLDINGS USA, LLC Its: Sole Member By: ZAGG Hampton LLC Its: Sole Member By: ZAGG Inc Its: Sole Member By: /s/ XXXXX XXXXX Xxxxx Xxxxx Chief Executive Officer Guarantor Acknowledgment and Agreement SCHEDULE 1 COMMITMENTS OF LENDERS LENDERS REVOLVING CREDITCOMMITMENTPERCENTAGE* REVOLVINGCREDITCOMMITMENTAMOUNT* MAXIMUM AMOUNT* KeyBank National Association 47.20% $59,000,000.00 $59,000,000.00 Zions Bancorporation, N.A. dba Zions First National Bank 35.20% $44,000,000.00 $44,000,000.00 MUFG Union Bank, N.A. 17.60% $22,000,000.00 $22,000,000.00 Total Commitment Amount 100.00% $125,000,000.00 $125,000,000.00 *Provided that, during the Temporary Accordion Increase Period only, the following shall be in effect: LENDERS REVOLVING CREDITCOMMITMENTPERCENTAGE REVOLVINGCREDITCOMMITMENTAMOUNT MAXIMUM AMOUNT KeyBank National Association 48.895027624309% $70,800,000.00 $70,800,000.00 Zions Bancorporation, N.A. dba Zions First National Bank 30.386740331492% $44,000,000.00 $44,000,000.00 MUFG Union Bank, N.A. 20.718232044199% $30,000,000.00 $30,000,000.00
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JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY THE ABILITY OF AGENT AND LENDERS TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BETWEEN BORROWER'S , AGENT AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHLENDERS. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSSHILOH CORPORATION GREENFIELD DIE & MANUFACTURING CORP. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION Xxxxx By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONXxxxx Xxxxx Xxxxx Xxxxx Xxxxx Vice President of Finance Vice President of Finance JEFFERSON BLANKING INC. SHILOH AUTOMOTIVE, INC. By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION Xxxxx By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx Xxxxx Xxxxxx X. Xxxx Its PresidentXxxxx Xxxxx Xxxxx Assistant Secretary Vice President of Finance By: /s/ Xxxxx X. Xxxxx Xxxxx Xxxxx Vice President of Finance Guarantor Acknowledgment and Agreement SHILOH INDUSTRIES, duly authorized K&B RESOURCESINC. XXXXXXX MANUFACTURING DIVISION LIVERPOOL COIL PROCESSING, INCORPORATED By: /s/ Xxxxx X. Xxxxx By: /s/ Xxxxx X. Xxxxx Xxxxx Xxxxx Xxxxx Xxxxx Vice President of Finance Vice President of Finance XXXXXX BLANKING, INC. THE SECTIONAL DIE COMPANY By: /s/ Xxxxx X. Xxxxx By: /s/ Xxxxx X. Xxxxx Xxxxx Xxxxx Xxxxx Xxxxx Vice President of Finance Vice President of Finance SECTIONAL STAMPING, INC. By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentXxxxx Xxxxx Xxxxx Vice President of Finance Guarantor Acknowledgment and Agreement SCHEDULE 1 LENDERS COMMITMENT PERCENTAGE REVOLVING CREDIT COMMITMENT AMOUNT MAXIMUM AMOUNT PNC Bank, duly authorizedNational Association (successor to National City Bank) 29.1666666667 % $ 23,333,333.34 $ 23,333,333.34 The PrivateBank and Trust Company 29.1666666667 % $ 23,333,333.33 $ 23,333,333.33 FirstMerit Bank, N.A. 16.0000000000 % $ 13,333,333.33 $ 13,333,333.33 KeyBank National Association 12.5000000000 % $ 10,000,000.00 $ 10,000,000.00 RBS Citizens, National Association 12.5000000000 % $ 10,000,000.00 $ 10,000,000.00 Total Commitment Amount 100.0000000000 % $ 80,000,000 $ 80,000,000
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JURY TRIAL WAIVER. EACH BORROWER, AGENT AND EACH OF THE BORROWER BANKS WAIVES ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT IS A PART EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYAddress: 0 Xxxxx Xxxxx Xxxxx XXXXX XXXX, VOLUNTARILYX.X. Xxxxxxxx, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWERXxxx 00000 Attention: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) Chief Financial By: /s/Cedar Fair Management Inc., Officer its Managing General Partner CEDAR FAIR By: Magnum Management Corporation, its Managing General Partner MAGNUM MANAGEMENT CORPORATION XXXXX'X XXXXX FARM By: Cedar Fair, L.P., its Managing General Partner By: Cedar Fair Management Inc., its Managing General Partner By ------------------------------------- Xxxxx X. Xxxxx As Corporate Vice President, Finance & Chief Financial Officer of Cedar Fair Management Inc. As Vice President, Finance & Chief Financial Officer of Magnum Management Corporation Address: 000 Xxxxxx Xxxxxx XXXXXXX NATIONAL ASSOCIATION, Xxxxxxxxx, XX 00000 as Agent and as a Bank Attention: Large Corporate Banking By: ------------------------------------ Name: Xxxxxx X. Xxxxxxxxxx, Xx. Title: Vice President Address: 00 Xxxxx Xxxxx Xxxxxx JPMORGAN CHASE BANK, N.A. Mail Code IL1-0364 Xxxxxxx, XX 00000 Attention: Xxxx X. Xxxxxxx X.Xxxx ------------------ __________________________ By: ------------------------------------ Name: Xxxx X. Xxxxxxx Title: Vice President Address: 0000 Xxxxxx Xxxx, PA 54141 WACHOVIA BANK, NATIONAL ASSOCIATION Xxxxxxxx Xxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx By: ------------------------------------ Name: Xxxxxxx X. Xxxxxxxx Title: Vice President Address: 000 Xxxxxxxx Xxxxxx Xxxx Its PresidentFIFTH THIRD BANK Xxxxxxxxx, duly authorized __________________________ THE BANKXX 00000 Attention: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- XxXxxxx By: ------------------------------------ Name: Xxxxxx X. Xxxxxx Its XxXxxxx Title: Vice President THE GUARANTORSAddress: CUSTOM PRODUCTS CORPORATION000 Xxxxxxxx 0xx Xxxxx XXXXXXXX XXXX Xxxxxxx, formerly known as, CUSTOM ACQUISITION CORPORATION XX 00000 Attention: Xxxxx Xxxxxxxx By: /s/ Xxxxxxx ------------------------------------ Name: Xxxxx Xxxxxxxx Title: Assistant Vice President Address: 0000 Xxxx Xxxxx Xxxxxx NATIONAL CITY BANK Xxxxxxxxx, XX 00000 Attention: Xxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION Xxxxxxxx By: /s/ ------------------------------------ Name: Xxxx X. Xxxxxxxx Title: Vice President Address: 000 Xxxx Xxxxxx Xxxxxx XXXXX FARGO BANK, Suite 2900 NATIONAL ASSOCIATION Xxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION ------------------------------------ Name: ---------------------------------- Title: --------------------------------- By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President------------------------------------ Name: ---------------------------------- Title: --------------------------------- Address: 0000 Xxxxx Xxxx. UMB BANK, duly authorized CRITERION EXPLORATIONN.A. X.X. Xxx 000000 Xxxxxx Xxxx, INC. XX 00000 Attention: Xxxxxx Xxxxxx By: /s/ Xxxxxxx X. Xxxx ------------------------------------ Name: Xxxxxx Xxxxxx Title: Senior Vice President Schedule 1 Banks and Commitments MAXIMUM AMOUNT MAXIMUM AMOUNT DURING ANY OTHER THAN COMMITMENT SEASONAL COMMITMENT DURING ANY SEASONAL BANKING INSTITUTION PERCENTAGE DECREASE PERIOD COMMITMENT DECREASE PERIOD ------------------- Xxxxxxx X. Xxxx Its President---------- ------------------- -------------------------- KeyBank National Association 24.0% $ 42,000,000 $ 60,000,000 JPMorgan Chase Bank, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentN.A. 14.0% $ 24,500,000 $ 35,000,000 Wachovia Bank, duly authorized K&B RESOURCESNational Association 14.0% $ 24,500,000 $ 35,000,000 Fifth Third Bank 12.0% $ 21,000,000 $ 30,000,000 Comerica Bank 12.0% $ 21,000,000 $ 30,000,000 National City Bank 12.0% $ 21,000,000 $ 30,000,000 Xxxxx Fargo Bank, INCNational Association 8.0% $ 14,000,000 $ 20,000,000 UMB Bank, n.a. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President4.0% $ 7,000,000 $ 10,000,000 --------- --------------- --------------- Total Commitment Amount 100.00000% $175,000,000.00 $250,000,000.00 ========= =============== =============== Schedule 2 Guarantors of Payment Michigan's Adventure, duly authorizedInc. Letters of Credit
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JURY TRIAL WAIVER. BORROWER, AGENTS AND EACH OF THE BORROWER BANKS WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENTS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE BANKS, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY AGENTS' OR ANY BANK'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT AMONG BORROWER, AGENTS AND THE BANKS, OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTHEREOF. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYPARK-OHIO INDUSTRIES, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSINC. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) /s/ Jamex X. Xxxxxx By: /s/Xxxxxxx X.Xxxx ------------------ _______________________________ Xxxxxxx Jamex X. Xxxx Its PresidentXxxxxx, duly authorized Xxce President /s/ Ronaxx X. Xxxxxx and ______________________________ THE BANK: FLEET Ronaxx X. Xxxxxx, Xxcretary KEYBANK NATIONAL BANK By ASSOCIATION, as a Bank and as Administrative Agent /s/ Xxxxxx Kennxxx X. Xxxxxx ----------------------- Xxxxxx By: _________________________________ Kennxxx X. Xxxxxx Its Vice Xxxxxx, Xxce President THE GUARANTORS: CUSTOM PRODUCTS CORPORATIONHUNTINGTON NATIONAL BANK, formerly known as, CUSTOM ACQUISITION CORPORATION as a Bank and as Co-Agent /s/ Timoxxx X. Xxxx By: /s/ Xxxxxxx __________________________________ Timoxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its Xxxx, Xxce President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATION, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized
Appears in 1 contract
Samples: First Amendment Agreement (Park Ohio Industries Inc/Oh)
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT CONNECTION HEREWITH OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONSXXXX ENTERPRISES β SOUTH AFRICA, INC. By: /s/ W. Mxxxxxx Xxxxxxx X. Xxxx ------------------- Name: W. Mxxxxxx Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION ByTitle: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCESPresident SYKES REALTY, INC. By: /s/ Jxxxx X. Xxxxxx Name: Jxxxx X. Xxxxxx Title: Senior Vice President SYKES GLOBAL HOLDINGS LLC By: /s/ W. Mxxxxxx Xxxxxxx Name: W. Mxxxxxx Xxxxxxx Title: Senior Vice President SYKES E-COMMERCE, INCORPORATED By: /s/ Jxxxx X. Xxxx ------------------- Xxxxxx Name: Jxxxx X. Xxxxxx Title: Director FINANCIAL SERVICES WORLDWIDE, LLC By: /s/ Jxxxx X. Xxxxxx Name: Jxxxx X. Xxxxxx Title: Secretary MCQUEEN INTERNATIONAL INCORPORATED By: /s/ W. Mxxxxxx Xxxxxxx X. Xxxx Its President, duly authorizedName: W. Mxxxxxx Xxxxxxx Title: Director SXXXX XX HOLDINGS LLC By: /s/ W. Mxxxxxx Xxxxxxx Name: W. Mxxxxxx Xxxxxxx Title: Senior Vice President Signature Page to Acknowledgment and Agreement
Appears in 1 contract
JURY TRIAL WAIVER. BORROWER, AGENT, THE BORROWER BANKS AND GUARANTORS EACH GUARANTOR HEREBY WAIVE TRIAL BY ANY RIGHT TO HAVE A JURY PARTICIPATE IN ----------------- RESOLVING ANY COURT DISPUTE, WHETHER SOUNDING IN ANY SUITCONTRACT, ACTIONTORT OR OTHERWISE, PROCEEDING AMONG BORROWER, AGENT, THE BANKS, EACH GUARANTOR, OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY AGENT'S OR ANY BANK'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT AMONG BORROWER, AGENT AND THE BANKS, OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTHEREOF. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION AMCAST INDUSTRIAL CORPORATION By: /s/ Xxxxxxx Fxxxxxx X. Xxxx ------------------- Xxxxxxx Name: Fxxxxxx X. Xxxx Its PresidentTitle: Vice President KEYBANK NATIONAL ASSOCIATION, duly authorized BOLT INTERNATIONAL CORPORATION as Agent and as a Bank By: /s/ Dxxx X. Xxxxxxx Name: Dxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentTitle: Vice President BANK ONE INDIANA, duly authorized DUKE PLACE INVESTMENTS N.A. By: /s/ Xxxxxxx Jxxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxxxxx Name: Jxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION Xxxxxxxxx Title: Vice President THE BANK OF NEW YORK By: /s/ Sxxxxxx X. Xxxxxxx Name: Sxxxxxx X. Xxxx ------------------- Xxxxxxx Title: Vice President FISTAR BANK, N.A. By: /s/ Gxxx Xxxxxx Name: Gxxx Xxxxxx Title: AVP CREDIT AGRICOLE INDOSUEZ By: /s/ Lxxxx Xxxxxx Name: Lxxxx Xxxxxx Title: Vice President and /s/ Pxxx X. Xxxx Its PresidentXxxxxxx Name: Pxxx X. Xxxxxxx Title: V.P./ Sr.Relationship Mgr. COMERICA BANK By: /s/ Nxxxxxxx X. Xxxxxx Name: Nxxxxxxx X. Xxxxxx Title: Assistant Vice President NATIONAL CITY BANK (successor in interest to National City Bank of Dayton) By: /s/ Nxxx X. Xxxxxx Name: Nxxx X. Xxxxxx Title: Senior Vice President GUARANTOR ACKNOWLEDGMENT AND AGREEMENT Each of the undersigned consents and agrees to and acknowledges the terms of the foregoing First Amendment Agreement dated as of July 23, duly authorized CRITERION EXPLORATION2001. Each of the undersigned specifically acknowledges the terms of and consent to the waivers set forth therein. Each of the undersigned further agrees that the obligations of each of the undersigned pursuant to the Guaranties of Payment of Debt executed by each of the undersigned shall remain in full force and effect and be unaffected hereby. Each of the undersigned, by signing below, hereby waives and releases Agent and each of the Banks and their respective directors, officers, employees, attorneys, affiliates and subsidiaries from any and all claims, offsets, defenses and counterclaims of which any of the undersigned is aware, such waiver and release being with full knowledge and understanding of the circumstances and effect thereof and after having consulted legal counsel with respect thereto. JURY TRIAL WAIVER. BORROWER, AGENT, THE BANKS AND EACH GUARANTOR HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENT, THE BANKS, EACH GUARANTOR, OR ANY THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY AFFECT, WAIVE, LIMIT, AMEND OR MODIFY AGENT'S OR ANY BANK'S ABILITY TO PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT AMONG BORROWER, AGENT, THE BANKS AND GUARANTORS, OR ANY THEREOF. ELKHART PRODUCTS CORPORATION AMCAST INVESTMENT SERVICES AMCAST AUTOMOTIVE OF INDIANA, CORPORATION INC. (fka Wheeltek, Inc.) AS INTERNATIONAL, INC. By: /s/ Xxxxxxx Fxxxxxx X. Xxxx ------------------- Xxxxxxx Name: Fxxxxxx X. Xxxx Its PresidentIZUMI, duly authorized STAR GEOPHYSICAL CORPORATION INC. Title: Vice President AMCAST CASTING TECHNOLOGIES, INC. AMCAST INDUSTRIAL FINANCIAL SERVICES, INC. CASTING TECHNOLOGY COMPANY By: Amcast Casting Technologies,Inc. By: /s/ Mxxxxxx X. Xxxxxxx a General Partner Name: Mxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. Title: Treasurer By: /s/ Xxxxxxx Dxxxx X. Xxxx ------------------- Xxxxxxx Name: Dxxxx X. Xxxx Its President, duly authorizedTitle: Secretary
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JURY TRIAL WAIVER. THE BORROWER AND GUARANTORS LENDER WAIVE TRIAL BY ANY RIGHT TO HAVE A JURY PARTICIPATE IN ----------------- RESOLVING ANY COURT DISPUTE, WHETHER SOUNDING IN ANY SUITCONTRACT, ACTIONTORT OR OTHERWISE, PROCEEDING BETWEEN BORROWER AND LENDER ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR ANY MATTER ARISING INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY LENDER'S ABILITY TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE BETWEEN BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYLENDER. Address: 1815 Xxxxxxx Xxxx, VOLUNTARILYSuite 300 AIRCRAFT SERVICE INTERNATIONAL Ft. Lauderdale International Airport GROUP, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSINC. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWERDanix, Xxxxxxx 00000-0000 Attention: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) President By: /s/Xxxxxxx X.Xxxx ------------------ Print Name: Title Address: 127 Xxxxxx Xxxxxx XXX XXXXXXXXX XXXITAL INC. Clevxxxxx, Xxxx 00000-0000 Attention: Manager of Structured By: Finance Group Print Name: Title: EXHIBIT 1 EXHIBIT A-1 TERM NOTE $5,000,000 Dania, Florida May __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION1999 FOR VALUE RECEIVED, formerly known asthe undersigned, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT AIRCRAFT SERVICE INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONGROUP, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, ("Borrower") promises to pay to the order of KEY CORPORATE CAPITAL INC. By("Lender") at its Main Office at 127 Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxx 00000-0000, xx such other place as Lender shall designate, the principal sum of FIVE MILLION DOLLARS in lawful money of the United States of America in twenty-three (23) consecutive quarter-annual installments, commencing August 1, 1999 and continuing on the first day of each succeeding November, February, May and August thereafter as follows: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized(i) for the period from August 1,
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Samples: First Amendment Agreement (Aircraft Service International Group Inc)
JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWERS, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN ANY WAY RELATED TO THIS MODIFICATION AGREEMENT CONNECTION HEREWITH OR THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHTRANSACTIONS RELATED THERETO. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLYSYKES REALTY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSINC. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOAN. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxxx X. Xxxxxx Its Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATION, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT INTERNATIONAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized CRITERION EXPLORATIONICT INTERNATIONAL, INC. By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION Xxxxxx By: /s/ Xxxxxxx Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: President & Secretary Title: President & Secretary ICT ENTERPRISES, INC. ICT ACCOUNTS RECEIVABLE MANAGEMENT, INC. By: /s/ Xxxxx X. Xxxxxx By: /s/ Xxxx ------------------- Xxxxxxx Xxxx Xxxxxx Name: Xxxxx X. Xxxxxx Name: Xxxx Its President, duly authorized K&B Xxxx Xxxxxx Title: President & Secretary Title: President ICT RESOURCES, INC. By: /s/ Xxxxxxx Xxxxx X. Xxxx ------------------- Xxxxxxx Xxxxxx Name: Xxxxx X. Xxxx Its President, duly authorizedXxxxxx Title: President & Secretary
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JURY TRIAL WAIVER. THE BORROWER UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BORROWER, AGENT, THE LENDERS AND GUARANTORS WAIVE TRIAL BY JURY IN ----------------- ANY COURT IN ANY SUITTHE UNDERSIGNED, ACTION, PROCEEDING OR ANY MATTER THEREOF, ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AMENDMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY RELATED AFFECT, WAIVE, LIMIT, AMEND OR MODIFY THE ABILITY OF AGENT AND LENDERS TO THIS MODIFICATION PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT OR AMONG BORROWER, AGENT, LENDERS AND THE FINANCING TRANSACTION OF WHICH THIS MODIFICATION AGREEMENT IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE BORROWER'S AND GUARANTORS' RIGHTS AND REMEDIES IN CONNECTION THEREWITHUNDERSIGNED. THE BORROWER AND GUARANTORS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER THE OPPORTUNITY FOR EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYSSHILOH CORPORATION JEFFERSON BLANKING INC. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR THE BANK TO EXTEND THIS FINANCING COMMITMENT AND TO ENTER INTO THIS MODIFICATION AGREEMENT WITH RESPECT TO THE REVOLVING LOANGREENFIELD DIE & MANUFACTURING CORP. Executed to be effective as of the date first set forth above. THE BORROWER: Signed in the presence of: BOLT TECHNOLOGY CORPORATION (As to All) By: /s/Xxxxxxx X.Xxxx ------------------ __________________________ Xxxxxxx X. Xxxx Its President, duly authorized __________________________ THE BANK: FLEET NATIONAL BANK By /s/ Xxxxxx X. Xxxxxx ----------------------- Xxxxx SHILOH AUTOMOTIVE, INC. Xxxxxx X. Xxxxxx Its Xxxxx SHILOH INDUSTRIES, INC. XXXXXXX Vice President THE GUARANTORS: CUSTOM PRODUCTS CORPORATIONof Finance MANUFACTURING DIVISION LIVERPOOL COIL PROCESSING, formerly known as, CUSTOM ACQUISITION CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentINCORPORATED Xxxxxxx Xxxxxxx XXXXXX BLANKING, duly authorized BOLT INTERNATIONAL CORPORATION INC. Assistant Secretary THE SECTIONAL DIE COMPANY SECTIONAL STAMPING, INC. SHILOH DIE CAST LLC ALBANY-CHICAGO COMPANY LLC By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxx Xxxxxx X. Xxxx Its President, duly authorized DUKE PLACE INVESTMENTS Xxxxx By: /s/ Xxxxxxx Xxxxxx X. Xxxx ------------------- Xxxxxxx Xxxxx Vice President of Finance Xxxxxx X. Xxxx Its PresidentXxxxx Treasurer SCHEDULE 1 COMMITMENTS OF LENDERS LENDERS COMMITMENTPERCENTAGE REVOLVINGCREDITCOMMITMENTAMOUNT MAXIMUM AMOUNT The PrivateBank and Trust Company 20.57% $36,000,000 $36,000,000 PNC Bank, duly authorized BOLT EXPORT CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its PresidentNational Association 18.29% $32,000,000 $32,000,000 RBS Citizens, duly authorized CRITERION EXPLORATIONNational Association 17.14% $30,000,000 $30,000,000 Compass Bank 17.14% $30,000,000 $30,000,000 The Huntington National Bank 15.43% $27,000,000 $27,000,000 FirstMerit Bank, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized STAR GEOPHYSICAL CORPORATION By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorized K&B RESOURCES, INC. By: /s/ Xxxxxxx X. Xxxx ------------------- Xxxxxxx X. Xxxx Its President, duly authorizedN.A. 11.43% $20,000,000 $20,000,000
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