PERMITTED BY APPLICABLE LAW.
SECTION 20. Waiver of Jury Trial. EACH PARTY HERETO HEREBY IRREVOCABLY
WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE
TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF
OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS
CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER
THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR
ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH
OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE
FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE
BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS BY, AMONG
OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 20.
[Signature Page Follows]
-7-
[Signature Page to Holdings/Thompson/Center Arms/Smith & Wesson Guaranty]
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as
of the day and year first above written.
SMITH & WESSON HOLDING CORPORATION
By:
/s/ William F. Spengler
William F. Spengler
Vice
President, Chief Financial Officer and
Treasurer
THOMPSON/CENTER ARMS COMPANY, INC.
By:
/s/ William F. Spengler
William F. Spengler
Vice
President, Chief Financial Officer and
Treasurer
SMITH & WESSON CORPORATION
By:
/s/ William F. Spengler
William F. Spengler
Vice
President, Chief Financial Officer and
Treasurer
[Signature Page to Holdings/Thompson/Center Arms Guaranty]
ADMINISTRATIVE AGENT AND LENDER:
TD BANK, N.A.
By:
/s/ Maria P. Goncalves
Maria P. Goncalves
Senior Vice
President