Common use of NOT A NOVATION Clause in Contracts

NOT A NOVATION. This Agreement is a modification only and not a novation. Except for the above quoted modification, the Promissory Note, any agreement or security document, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This Agreement is to be considered attached to the Promissory Note and made a part thereof. This Agreement shall not release or affect the liability of any guarantor, surety or endorser of the Promissory Note or release any owner of collateral securing the Promissory Note. The validity, priority and enforceability of the Promissory Note shall not be impaired hereby. DMI FURNITURE, INC. By: ______________________________ Josexx X. Xxxx, XX/CFO BANK'S ACCEPTANCE ----------------- The foregoing Second Modification Agreement to Promissory Note is hereby agreed to and acknowledged this _____ day of July, 1999. BANK ONE, INDIANA, N.A. By: ____________________________ Petex X. Xxxtle, Vice President ACKNOWLEDGMENT AND AGREEMENT BY GUARANTOR AND OWNER OF COLLATERAL SECURING THE PROMISSORY NOTE. The undersigned (i) consent to the modification of the Loan Documents and all other matters in the foregoing Agreement and, if a guarantor (ii) reaffirm the Guaranty Agreement dated June 9, 1994, and any other agreements, documents and instruments securing or otherwise relating thereto ("Guarantor Documents"), (iii) acknowledge that the Guarantor Documents continue in full force and effect, remain unchanged, except as specifically modified hereby, and are valid, binding and enforceable in accordance with their respective terms, (iv) agree that all references, if any, in the Guarantor Documents to any of the Loan Documents are modified to refer to those documents as modified by the Agreement, and (v) agree to be bound by the release of Bank set forth in the Agreement. DMI MANAGEMENT, INC. By: ______________________________________ Josexx X. Xxxx, XXO

NOT A NOVATION. This Agreement agreement is a modification only and not a novation. In addition to all amounts hereafter due under the Note and the Related Documents as they may be modified herein, all accrued interest evidenced by the Note being modified by this agreement and all accrued amounts due and payable under the Related Documents shall continue to be due and payable until paid. Except for the above above-quoted modificationmodification(s), the Promissory Note, any agreement or security documentRelated Documents, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This Agreement agreement is to be considered attached to the Promissory Note and made a part thereof. This Agreement agreement shall not release or affect the liability of any guarantor, surety or endorser of the Promissory Note or release any owner of collateral securing the Promissory Note. The validity, priority and enforceability of the Promissory Note shall not be impaired hereby. DMI FURNITUREReferences to the Related Documents and to other agreements shall not affect or impair the absolute and unconditional obligation of the Borrower to pay the principal and interest on the Note when due. The Bank reserves all rights against all parties to the Note. Address: 0000 Xxxxxxx Xx. Borrower: Dubuque, INC. IA 52001 Flexsteel Industries, Inc. By: ______________________________ Josexx /s/ Xxxxxxx X. Xxxx Xxxxxxx X. Xxxx, XX/VP & CFO Printed Name Title Date Signed: May 26, 2006 BANK'S ’S ACCEPTANCE ----------------- The foregoing Second Modification Agreement to Promissory Note agreement is hereby agreed to and acknowledged this _____ day of July, 1999acknowledged. BANK ONE, INDIANABank: JPMorgan Chase Bank, N.A. By: ____________________________ Petex /s/ Xxxx X. XxxtleXxxxxxx Xxxx X. Xxxxxxx, Vice President ACKNOWLEDGMENT AND AGREEMENT BY GUARANTOR AND OWNER OF COLLATERAL SECURING THE PROMISSORY NOTEVP Printed Name Title Date Signed: May 30, 2006 Amendment to Credit Agreement This agreement is dated as of May 19, 2006, by and between Flexsteel Industries, Inc. (the “Borrower”) and JPMorgan Chase Bank, N.A., as successor by merger to Bank One, NA, with its main office in Chicago, Illinois (the “Bank”), and its successors and assigns. The undersigned (i) consent provisions of this agreement are effective on the date that this agreement has been executed by all of the signers and delivered to the modification of Bank (the Loan Documents and all other matters in the foregoing Agreement and, if a guarantor (ii) reaffirm the Guaranty Agreement dated June 9, 1994, and any other agreements, documents and instruments securing or otherwise relating thereto ("Guarantor Documents"“Effective Date”), (iii) acknowledge that the Guarantor Documents continue in full force and effect, remain unchanged, except as specifically modified hereby, and are valid, binding and enforceable in accordance with their respective terms, (iv) agree that all references, if any, in the Guarantor Documents to any of the Loan Documents are modified to refer to those documents as modified by the Agreement, and (v) agree to be bound by the release of Bank set forth in the Agreement. DMI MANAGEMENT, INC. By: ______________________________________ Josexx X. Xxxx, XXO.

NOT A NOVATION. This Agreement agreement is a modification only and not a novation. In addition to all amounts hereafter due under the Note and the Related Documents as they may be modified herein, all accrued interest evidenced by the Note being modified by this agreement and all accrued amounts due and payable under the Related Documents shall continue to be due and payable until paid. Except for the above above-quoted modificationmodification(s), the Promissory Note, any agreement or security documentRelated Documents, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This Agreement agreement is to be considered attached to the Promissory Note and made a part thereof. This Agreement agreement shall not release or affect the liability of any guarantor, surety or endorser of the Promissory Note or release any owner of collateral securing the Promissory Note. The validity, priority and enforceability of the Promissory Note shall not be impaired hereby. DMI FURNITUREReferences to the Related Documents and to other agreements shall not affect or impair the absolute and unconditional obligation of the Borrower to pay the principal and interest on the Note when due. The Bank reserves all rights against all parties to the Note. THIS AGREEMENT AND THE OTHER RELATED DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, INCCONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. Borrower: Address: 9350 Kirby Drive, Suite 300 Houston, TX 77054 XXXXXX XXXXXXXXXX XXXX. By: ______________________________ Josexx X. Xxxx, XX/---------------------------------- David P. Tusa Executive Vice President and CFO ---------------------------------- Printed Name Title Date Signed: -------------------------- BANK'S ACCEPTANCE ----------------- The foregoing Second Modification Agreement to Promissory Note agreement is hereby agreed to and acknowledged this _____ day of July, 1999acknowledged. BANK ONE, INDIANA, N.A. By: ____________________________ Petex X. Xxxtle, Vice President ACKNOWLEDGMENT AND AGREEMENT BY GUARANTOR AND OWNER OF COLLATERAL SECURING THE PROMISSORY NOTE. The undersigned (i) consent to the modification of the Loan Documents and all other matters in the foregoing Agreement and, if a guarantor (ii) reaffirm the Guaranty Agreement dated June 9, 1994, and any other agreements, documents and instruments securing or otherwise relating thereto ("Guarantor Documents"), (iii) acknowledge that the Guarantor Documents continue in full force and effect, remain unchanged, except as specifically modified hereby, and are valid, binding and enforceable in accordance with their respective terms, (iv) agree that all references, if any, in the Guarantor Documents to any of the Loan Documents are modified to refer to those documents as modified by the Agreement, and (v) agree to be bound by the release of Bank set forth in the Agreement. DMI MANAGEMENT, INC. By: ______________________________________ Josexx X. Xxxx, XXOBank:

NOT A NOVATION. This Agreement agreement is a modification only and not a novation. In addition to all amounts hereafter due under the Note and the Related Documents as they may be modified herein, all accrued interest evidenced by the Note being modified by this agreement and all accrued amounts due and payable under the Related Documents shall continue to be due and payable until paid. Except for the above above-quoted modificationmodification(s), the Promissory Note, any agreement or security documentRelated Documents, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This Agreement agreement is to be considered attached to the Promissory Note and made a part thereof. This Agreement agreement shall not release or affect the liability of any guarantor, surety or endorser of the Promissory Note or release any owner of collateral securing the Promissory Note. The validity, priority and enforceability of the Promissory Note shall not be impaired hereby. DMI FURNITUREReferences to the Related Documents and to other agreements shall not affect or impair the absolute and unconditional obligation of the Borrower to pay the principal and interest on the Note when due. The Bank reserves all rights against all parties to the Note. Address: 0000 Xxxxxxx Xx. Borrower: Dubuque, INC. IA 52001 Flexsteel Industries, Inc. By: ______________________________ Josexx X. Xxxx/s/ X.X. Xxxxxxxxxx X.X. Xxxxxxxxxx, XX/CFO Exec. V.P., C.F.O., Secretary Printed Name Title Date Signed: June 15, 2005 BANK'S ’S ACCEPTANCE ----------------- The foregoing Second Modification Agreement to Promissory Note agreement is hereby agreed to and acknowledged this _____ day of July, 1999acknowledged. BANK ONE, INDIANABank: JPMorgan Chase Bank, N.A. By: ____________________________ Petex /s/ Xxxx X. XxxtleXxxxxxx Xxxx X. Xxxxxxx, First Vice President ACKNOWLEDGMENT AND AGREEMENT BY GUARANTOR AND OWNER OF COLLATERAL SECURING THE PROMISSORY NOTEPrinted Name Title Date Signed: June 20, 2005 Amendment to Credit Agreement This agreement is dated as of June 10, 2005, by and between Flexsteel Industries, Inc. (the “Borrower”) and JPMorgan Chase Bank, N.A. as successor by merger to Bank One, NA (the “Bank”), and its successors and assigns. The undersigned (i) consent provisions of this agreement are effective on the date that this agreement has been executed by all of the signers and delivered to the modification of Bank (the Loan Documents and all other matters in the foregoing Agreement and, if a guarantor (ii) reaffirm the Guaranty Agreement dated June 9, 1994, and any other agreements, documents and instruments securing or otherwise relating thereto ("Guarantor Documents"“Effective Date”), (iii) acknowledge that the Guarantor Documents continue in full force and effect, remain unchanged, except as specifically modified hereby, and are valid, binding and enforceable in accordance with their respective terms, (iv) agree that all references, if any, in the Guarantor Documents to any of the Loan Documents are modified to refer to those documents as modified by the Agreement, and (v) agree to be bound by the release of Bank set forth in the Agreement. DMI MANAGEMENT, INC. By: ______________________________________ Josexx X. Xxxx, XXO.

NOT A NOVATION. This Agreement agreement is a modification only and not a novation. In addition to all amounts hereafter due under the Note and the Related Documents as they may be modified herein, all accrued interest evidenced by the Note being modified by this agreement and all accrued amounts due and payable under the Related Documents shall continue to be due and payable until paid. Except for the above above-quoted modificationmodification(s), the Promissory Note, any agreement or security documentRelated Documents, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This Agreement agreement is to be considered attached to the Promissory Note and made a part thereof. This Agreement agreement shall not release or affect the liability of any guarantor, surety or endorser of the Promissory Note or release any owner of collateral securing the Promissory Note. The validity, priority and enforceability of the Promissory Note shall not be impaired hereby. DMI FURNITUREReferences to the Related Documents and to other agreements shall not affect or impair the absolute and unconditional obligation of the Borrower to pay the principal and interest on the Note when due. The Bank reserves all rights against all parties to the Note. Address: 0000 Xxxxxxx Xx. Borrower: Dubuque, INC. IA 52001 Flexsteel Industries, Inc. By: ______________________________ Josexx /s/ Xxxxxxx X. Xxxx Xxxxxxx X. Xxxx, XX/VP & CFO Printed Name Title Date Signed: December 29, 2005 BANK'S ’S ACCEPTANCE ----------------- The foregoing Second Modification Agreement to Promissory Note agreement is hereby agreed to and acknowledged this _____ day of July, 1999acknowledged. BANK ONE, INDIANABank: JPMorgan Chase Bank, N.A. By: ____________________________ Petex /s/ Xxxxxx X. XxxtleXxXxxxxx Xxxxxx X. XxXxxxxx, Vice President ACKNOWLEDGMENT AND AGREEMENT BY GUARANTOR AND OWNER OF COLLATERAL SECURING THE PROMISSORY NOTESVP Printed Name Title Date Signed: December 31, 2005 Amendment to Credit Agreement This agreement is dated as of December 23, 2005, by and between Flexsteel Industries, Inc. (the “Borrower”) and JPMorgan Chase Bank, N.A., as successor by merger to Bank One, NA, (the “Bank”), and its successors and assigns. . The undersigned (i) consent to the modification provisions of the Loan Documents and all other matters in the foregoing Agreement and, if a guarantor (ii) reaffirm the Guaranty Agreement dated June this agreement are effective on December 9, 1994, and any other agreements, documents and instruments securing or otherwise relating thereto 2005 ("Guarantor Documents"the “Effective Date”), (iii) acknowledge that the Guarantor Documents continue in full force and effect, remain unchanged, except as specifically modified hereby, and are valid, binding and enforceable in accordance with their respective terms, (iv) agree that all references, if any, in the Guarantor Documents to any of the Loan Documents are modified to refer to those documents as modified by the Agreement, and (v) agree to be bound by the release of Bank set forth in the Agreement. DMI MANAGEMENT, INC. By: ______________________________________ Josexx X. Xxxx, XXO.