reasonably request to more
fully carry out the intent of this Amendment.
3.10
This Amendment may be executed in a number of identical counterparts.
If so,
each such counterpart shall collectively constitute one agreement. Any signature
delivered by a party by facsimile transmission shall be deemed to be an original
signature hereto.
3.11
No provision of this Amendment is intended or shall be construed to be for the
benefit of any third party.
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3.12
BORROWER AND LENDER HEREBY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY
ACTION RELATING TO THIS INSTRUMENT AND TO ANY OF THE LOAN DOCUMENTS, THE
OBLIGATIONS THEREUNDER, ANY COLLATERAL SECURING THE OBLIGATIONS, OR ANY
TRANSACTION ARISING THEREFROM OR CONNECTED THERETO. BORROWER AND LENDER EACH
REPRESENTS TO THE OTHER THAT THIS WAIVER IS KNOWINGLY, WILLINGLY AND VOLUNTARILY
GIVEN.
SIGNATURE PAGE FOLLOWS
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SIGNATURE PAGE TO NINTH AMENDMENT TO LOAN DOCUMENTS
U.S. BANK NATIONAL ASSOCIATION
Lender
By: /s/ Charles L. Thomas
Charles L. Thomas
Vice President
BUILD-A-BEAR WORKSHOP, INC.,
BUILD-A-BEAR WORKSHOP FRANCHISE HOLDINGS, INC.,
BUILD-A-BEAR RETAIL MANAGEMENT, INC.
Borrowers
By: /s/ Maxine Clark
Maxine Clark
Chief Executive Officer
BUILD-A-BEAR ENTERTAINMENT, LLC,
By:
Build-A-Bear Retail Management, Inc.,
Sole Member
Borrower
By: /s/ Maxine Clark
Maxine Clark
Chief Executive Officer
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