BORROWER AND
LENDER (BY ITS ACCEPTANCE HEREOF) HEREBY VOLUNTARILY, KNOWINGLY, IRREVOCABLY AND
44
UNCONDITIONALLY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY
DISPUTE (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) BETWEEN BORROWER AND
LENDER ARISING OUT OF OR IN ANY WAY RELATED TO THIS LOAN AGREEMENT OR THE OTHER
LOAN DOCUMENTS. THIS PROVISION IS A MATERIAL INDUCEMENT TO LENDER TO PROVIDE THE
FINANCING EVIDENCED BY THIS AGREEMENT AND THE LOAN DOCUMENTS.
Section 12.18.
ENTIRE AGREEMENT.
THIS AGREEMENT, THE NOTES AND
THE OTHER LOAN DOCUMENTS REFERRED TO HEREIN EMBODY THE FINAL, ENTIRE AGREEMENT
AMONG THE PARTIES HERETO WITH RESPECT TO THE SUBJECT MATTER HEREOF AND THEREOF
AND SUPERSEDE ANY AND ALL PRIOR COMMITMENTS, AGREEMENTS, REPRESENTATIONS AND
UNDERSTANDINGS, WHETHER WRITTEN OR ORAL, RELATING TO THE SUBJECT MATTER HEREOF
AND THEREOF AND MAY NOT BE CONTRADICTED OR VARIED BY EVIDENCE OF PRIOR,
CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OR DISCUSSIONS OF THE PARTIES
HERETO.
THERE ARE NO ORAL AGREEMENTS AMONG THE PARTIES HERETO.
((REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.))
45
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of
the day and year first above written.
BORROWER:
ASTROTECH SPACE OPERATIONS, INC.
By:
/s/ Brian K. Harrington
Brian K. Harrington
Senior Vice President and Chief Financial
Officer
LENDER:
GREEN BANK, N.A.
By:
/s/ Randy R. Gartz
Randy R. Gartz
Executive Vice President
Signature Page to Loan Agreement
LIST OF EXHIBITS
Exhibits
Documents
A
Note-A
B
Note-B
C
Mortgage
D
Assignment of Rents
E
Security Agreement
F
Pledge Agreement
G
Guaranty Agreement - SPACEHAB
H
Guaranty Agreement - Holdings
I
Advance Request Form
J
Borrowing Base Certificate
K
No Default Certificate