MAKING THE RELEASE PROVIDED FOR HEREIN MAY LATER TURN
OUT TO BE DIFFERENT THAN IT NOW BELIEVES, AND THAT INFORMATION WHICH IS NOT NOW
KNOWN OR SUSPECTED MAY LATER BE DISCOVERED. EACH OF THE RELEASORS ACCEPTS THIS
POSSIBILITY, AND EACH OF THEM ASSUMES THE RISK OF THE FACTS TURNING OUT TO BE
DIFFERENT AND NEW INFORMATION BEING DISCOVERED; AND EACH OF THEM FURTHER AGREES
THAT THE RELEASE PROVIDED FOR HEREIN SHALL IN ALL RESPECTS CONTINUE TO BE
EFFECTIVE AND NOT SUBJECT TO TERMINATION OR RESCISSION BECAUSE OF ANY DIFFERENCE
IN SUCH FACTS OR ANY NEW INFORMATION. EACH OF THE BORROWER AND THE GUARANTOR
ACKNOWLEDGES AND AGREES THAT THE INCLUSION OF THIS PARAGRAPH IN THIS AMENDMENT
AND EXECUTION OF THIS AMENDMENT BY THE LENDER DOES NOT CONSTITUTE AN
ACKNOWLEDGMENT OR ADMISSION BY THE LENDER OF LIABILITY FOR ANY MATTER, OR A
PRECEDENT UPON WHICH ANY LIABILITY MAY BE ASSERTED. IF A RELEASOR ASSERTS OR
COMMENCES ANY CLAIM, COUNTER­CLAIM, DEMAND, OBLIGATION, LIABILITY OR CAUSE OF
ACTION IN DEROGATION OF THE FOREGOING RELEASE OR CHALLENGES THE ENFORCEABILITY
OF THE FOREGOING RELEASE (IN EACH CASE, A "VIOLATION"), THEN THE BORROWER AND
THE GUARANTOR JOINTLY AND SEVERALLY AGREE TO PAY IN ADDITION TO SUCH OTHER
DAMAGES AS ANY RELEASEE MAY SUSTAIN AS A RESULT OF SUCH VIOLATION, ALL
ATTORNEYS' FEES AND EXPENSES INCURRED BY SUCH RELEASEE AS A RESULT OF SUCH
VIOLATION.
[Signature page follows]
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IN WITNESS WHEREOF, each of the undersigned have caused this Amendment to be
executed by its officer thereunto duly authorized, as of the date first above
written.
BORROWER:
COPPERWELD BIMETALLICS LLC
By:
/s/ Joseph J. Longever
Name:
Joseph J. Longever
Title:
President
GUARANTOR:
FUSHI COPPERWELD, INC.
By:
/s/ Joseph J. Longever
Name:
Joseph J. Longever
Title:
Co-Chief
Executive Officer
LENDER:
REGIONS BANK
By:
/s/ Scott Corley
Name:
Scott Corley
Title:
Senior Vice President
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