LOAN DOCUMENT.
EACH OBLIGOR INTENDS THE ABOVE RELEASE TO COVER, ENCOMPASS, RELEASE, AND
EXTINGUISH, INTER ALIA, ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION THAT MIGHT
OTHERWISE BE RESERVED BY THE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY
EQUIVALENT PROVISION UNDER NEW YORK LAW), WHICH PROVIDES AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH
IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR."
EACH OBLIGOR ACKNOWLEDGES THAT IT MAY HEREAFTER DISCOVER FACTS DIFFERENT FROM OR
IN ADDITION TO THOSE NOW KNOWN OR BELIEVED TO BE TRUE WITH RESPECT TO SUCH
CLAIMS, DEMANDS, OR CAUSES OF ACTION, AND AGREES THAT THE AMENDMENT, THE
GUARANTY AND THE ABOVE RELEASE ARE AND WILL REMAIN EFFECTIVE IN ALL RESPECTS
NOTWITHSTANDING ANY SUCH DIFFERENCES OR ADDITIONAL FACTS.
Dated as of February 10, 2010.
HYPERCOM CORPORATION,
a DELAWARE corporation
By: /s/ Thomas B. Sabol
Name: Thomas B. Sabol
Title: CFO
HBNET, INC.,
an ARIZONA corporation
By: /s/ Thomas B. Sabol
Name: Thomas B. Sabol
Title: Vice President
HYPERCOM EMEA, INC.,
an ARIZONA corporation
By: /s/ Thomas B. Sabol
Name: Thomas B. Sabol
Title: Vice President
HYPERCOM LATINO AMERICA, INC.,
an ARIZONA corporation
By: /s/ Thomas B. Sabol
Name: Thomas B. Sabol
Title: Vice President
HYPERCOM PUERTO RICO REPAIR
FACILITY, GP,
an ARIZONA general partnership
By:
HYPERCOM U.S.A., INC.,
its general partner
By: /s/ Thomas B. Sabol
Name: Thomas B. Sabol
Title: CFO
By: HYPERCOM LATINO AMERICA, INC., its general partner
By: /s/ Thomas B. Sabol
Name: Thomas B. Sabol
Title: CFO
HYPERCOM EMEA LTD,
a company organized under the laws of the United Kingdom
By: /s/ Douglas J. Reich
Name: Douglas J. Reich
Title: Director