GUARANTY, THE OTHER LOAN DOCUMENTS, OR THE TRANSACTIONS CONTEMPLATED HEREBY OR
THEREBY, IN ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY KIND BROUGHT BY
ANY OF THEM AGAINST THE OTHER, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT
CLAIMS, OR OTHERWISE. DEBTOR, SECURED PARTY AND EACH OTHER LENDER PARTY EACH
AGREES THAT ANY SUCH CLAIM OR CAUSE OF ACTION SHALL BE TRIED BY A COURT WITHOUT
A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR
RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO
ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR
16
MCC SECURITY AGREEMENT
IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT, ANY
GUARANTY OR THE OTHER LOAN DOCUMENTS OR ANY PROVISION HEREOF OR THEREOF. THIS
WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR
MODIFICATIONS TO THIS AGREEMENT, ANY GUARANTY AND THE OTHER LOAN DOCUMENTS,
WHETHER OR NOT SPECIFICALLY SET FORTH THEREIN.
5.13. Loan Document.
This Agreement is a "Loan Document", as defined in the
Loan Agreement, and, except as expressly provided herein to the contrary, this
Agreement is subject to all provisions of the Loan Agreement governing such Loan
Documents.
5.14. No Oral Agreements.
THIS AGREEMENT, EACH GUARANTY AND THE OTHER LOAN
DOCUMENTS TO WHICH DEBTOR IS A PARTY REPRESENT THE FINAL AGREEMENT BETWEEN THE
PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR
SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL
AGREEMENTS BETWEEN THE PARTIES.
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MCC SECURITY AGREEMENT
IN WITNESS WHEREOF, Debtor has executed and delivered this Agreement as of the
date first above written.
DEBTOR:
1328158 ONTARIO INC.
By:
/s/ Darren Richardson
Name:
Darren Richardson
Title:
President & CEO
MCC SECURITY AGREEMENT
SECURED PARTY:
NEWSTAR BUSINESS CREDIT, LLC,
as Secured Party
By:
/s/ Greg Gentry
Name:
Greg Gentry
Title:
Senior Vice President
2
MCC SECURITY AGREEMENT
Schedule 1
Commercial Tort Claims
None.
MCC SECURITY AGREEMENT