RATIFICATION OF SURETY AGREEMENT
RATIFICATION OF SURETY AGREEMENT
THIS RATIFICATION OF SURETY AGREEMENT is given as of this day of July, 2006, by RB Management, Inc., RB Distribution, Inc. RB Xxxx, Inc., XX Xxxx, Inc., Motor Power Industries, Inc., Allparts, Inc., and Xxxxxx Products Distribution Ltd. (collectively the “Sureties” and individually the “Surety”) to and in favor of WACHOVIA BANK, NATIONAL ASSOCIATION (formerly First Union National Bank) for itself and as Agent for the Banks ( the “Creditor”).
Each Surety, intending to be legally bound hereby, (a) confirms and ratifies that certain Surety Agreement dated as of July , 2006 given to the Creditor, in order to induce the Creditor to extend credit to Xxxxxx Products, Inc., (b) confirms that the Surety Agreement is in full force and effect and enforceable against it in accordance with its terms, and (c) confirms that the Obligations (as defined in the Credit Agreement) include without limitation the Seventh Amended and Restated Revolving Credit Note being executed and delivered to the Creditor on or about the date hereof.
Capitalized terms used herein not otherwise defined shall have the meanings ascribed thereto in the Credit Agreement referenced in the Surety Agreement.
EXECUTED by a duly authorized officer on the date first above written.
Attest: (SEAL)
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RB MANAGEMENT, INC. | |
By:
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By: | |
Name: Xxxxxx X. Xxxxxxxxx Title: Assistant Secretary |
Name: Xxxxxxx Xxxxxx Title: President |
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Attest: (SEAL)
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RB DISTRIBUTION, INC. | |
By:
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By: | |
Name: Xxxxxx X. Xxxxxxxxx Title: Assistant Secretary |
Name: Xxxxxxx Xxxxxx Title: President |
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Attest: (SEAL)
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RB XXXX, INC. | |
By:
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By: | |
Name: Xxxxxx X. Xxxxxxxxx Title: Assistant Secretary |
Name: Xxxxxxx Xxxxxx Title: President |
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Attest: (SEAL)
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XX XXXX, INC. | |
By:
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By: | |
Name: Xxxxxx X. Xxxxxxxxx Title: Assistant Secretary |
Name: Xxxxxxx Xxxxxx Title: President |
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Attest: (SEAL)
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MOTOR POWER INDUSTRIES, INC. | |
By:
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By: | |
Name: Xxxxxx X. Xxxxxxxxx Title: Assistant Secretary |
Name: Xxxxxxx Xxxxxx Title: President |
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Attest: (SEAL)
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ALLPARTS, INC. | |
By:
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By: | |
Name: Xxxxxx X. Xxxxxxxxx Title: Assistant Secretary |
Name: Xxxxxxx Xxxxxx Title: President |
Attest:
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(SEAL) | XXXXXX PRODUCTS DISTRIBUTION LTD. |
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By:
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By: | |||
Name: Xxxxxx X. Xxxxxxxxx General Partner: Xxxxxx Management, Inc.
Title: Assistant Secretary
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By: Xxxxxxx Xxxxxx Title: President |
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