WITH THE PROVISIONS OF THE TERM SHEET.
THE BORROWER AGREES TO EXECUTE AND DELIVER SUCH DOCUMENTS AND ASSURANCES IN
FAVOUR OF ANY SUCH ASSIGNEES OR NEW PARTIES AS MAY BE REASONABLY REQUIRED TO
EVIDENCE THEIR CONSENT TO AND CARRY OUT THE FOREGOING.
Effect of Term Sheet
6.10
THE PARTIES ACKNOWLEDGE THAT THE TERM SHEET REMAINS IN FULL FORCE
AND EFFECT AND THAT THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT ARE
SUPPLEMENTARY TO AND NOT IN SUBSTITUTION FOR THE TERMS AND CONDITIONS CONTAINED
IN THE TERM SHEET. TO THE EXTENT THAT THERE IS ANY INCONSISTENCY BETWEEN A
PROVISION OF THIS AGREEMENT AND A PROVISION OF THE TERM SHEET, THE SAID
PROVISION IN THIS AGREEMENT SHALL BE PARAMOUNT AND SHALL SUPERSEDE THE SAID
PROVISION OF THE TERM SHEET.
Inconsistencies with Security
6.11
TO THE EXTENT THERE IS ANY INCONSISTENCY BETWEEN A PROVISION OF THE
TERM SHEET OR THIS AGREEMENT AND A PROVISION OF ANY OTHER LOAN DOCUMENT, THE
SAID PROVISION OF THE TERM SHEET OR THIS AGREEMENT SHALL GOVERN.
ANY
INCONSISTENCY BETWEEN THIS AGREEMENT AND THE TERM SHEET, UNLESS OTHERWISE
SPECIFICALLY PROVIDED FOR HEREIN, SHALL BE GOVERNED BY THE TERM SHEET.
Entire Agreement
6.12
THIS AGREEMENT, THE TERM SHEET, THE SECURITY AND ANY OTHER
DOCUMENTS OR INSTRUMENTS CONTEMPLATED THEREIN SHALL CONSTITUTE THE ENTIRE
AGREEMENT AND UNDERSTANDING AMONG THE PARTIES HERETO
20
RELATING TO THE SUBJECT-MATTER HEREOF. NO PROVISION OF THIS AGREEMENT OR THE
TERM SHEET OR ANY OTHER DOCUMENT OR INSTRUMENT IN EXISTENCE AMONG THE PARTIES
MAY BE MODIFIED, WAIVED OR TERMINATED EXCEPT BY AN INSTRUMENT IN WRITING
EXECUTED BY THE PARTY AGAINST WHOM SUCH MODIFICATION, WAIVER OR TERMINATION IS
SOUGHT TO BE ENFORCED.
Binding Effect; Successor and Assigns
6.13
THIS AGREEMENT SHALL BE BINDING UPON AND SHALL ENURE TO THE BENEFIT
OF THE PARTIES HERETO AND THEIR RESPECTIVE SUCCESSORS AND PERMITTED ASSIGNS;
"SUCCESSORS" INCLUDES ANY CORPORATION RESULTING FROM THE AMALGAMATION OF A PARTY
WITH ANY OTHER CORPORATION.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
21
IN WITNESS WHEREOF THIS AGREEMENT HAS BEEN EXECUTED, SEALED AND DELIVERED BY THE
PARTIES HERETO.
TUCOWS.COM CO.
by:
/s/ ELLIOT NOSS
name:
Elliot Noss
title:
President
TUCOWS (DELAWARE), INC.
by:
/s/ ELLIOT NOSS
name:
Elliot Noss
title:
President
TUCOWS, INC.
by:
/s/ ELLIOT NOSS
name:
Elliot Noss
title:
President and Chief Executive Officer
MAILBANK NOVA SCOTIA CO.
by:
/s/ STANLEY STERN
name:
Stanley Stern
title:
President and Secretary
TUCOWS DOMAIN HOLDINGS CO.
by:
/s/ ELLIOT NOSS
name:
Elliot Noss
title:
President
INNERWISE, INC.
by:
/s/ ELLIOT NOSS
name:
Elliot Noss
title:
President
22
BANK OF MONTREAL
by:
/s/ NEIL DOBBIE
name:
Neil Dobbie
title:
Commercial Account Manager
by:
name:
title:
23