a
part of this Agreement.
Initials________ Initials________ Initials________
21.
JURY WAIVER. GUARANTOR AND LENDER HEREBY KNOWINGLY, VOLUNTARILY,
INTENTIONALLY, AND IRREVOCABLY WAIVE THE RIGHT EITHER OF THEM MAY HAVE TO A
TRIAL BY JURY IN RESPECT TO ANY LITIGATION, WHETHER IN CONTRACT OR TORT, AT LAW
OR IN EQUITY, BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS
AGREEMENT AND OTHER DOCUMENT OR INSTRUMENT CONTEMPLATED TO BE EXECUTED IN
CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS
(WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY HERETO. THIS PROVISION IS A
MATERIAL INDUCEMENT FOR LENDER TO EXTEND, OR TO CONTINUE TO EXTEND, CREDIT OR
OTHER FINANCIAL ACCOMMODATIONS TO BORROWER. FURTHER, GUARANTOR HEREBY CERTIFIES
THAT NO REPRESENTATIVE OR AGENT OF LENDER, NOR THE LENDER'S COUNSEL HAS
REPRESENTED, EXPRESSLY OR OTHERWISE, THAT LENDER WOULD NOT, IN THE EVENT OF SUCH
LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. NO
REPRESENTATIVE OR AGENT OF THE LENDER, NOT LENDER'S COUNSEL HAS THE AUTHORITY TO
WAIVE, CONDITION, OR MODIFY THIS PROVISION.
Guarantor has read, understands, and agrees to the provisions of this Guarantee
and has executed the same voluntarily, under seal, with full authority and with
the intent to be legally bound by its terms, conditions, and obligations.
"ClosingDate"
"Guarantor"
(SEAL)
Name: "Guarantor"
Address: "Address1"
"Address2"
"CityStateZip"
Phone: "PhoneNumber"
Note to draft: If the guarantee is to be executed by an individual and the
governing law is the law of Alberta, the attached form must be completed by a
Notary Public and such individual.
Guarantees Acknowledgement Act (Alberta) (Section 3)
CERTIFICATE OF NOTARY PUBLIC
I hereby certify that:
1. of the City of in the Province of , the guarantor in the guarantee made
as of between and , to which this certificate is attached, appeared in
person before me and acknowledged that [she] [he] had executed the guarantee.
2. I satisfied myself by examination of [her] [him] that [she] [he] is aware of
the contents of the guarantee and understands it.
Given at the City of in the Province of Alberta this day of 20 under my
hand and seal of office.
A Notary Public in and for the Province of
Alberta
STATEMENT OF GUARANTOR
I am the person named in this certificate.
1. Past Due Amount will include breakdown of principal, interest and fees.
Exhibit B
EXHIBIT B
TO
SECOND AMENDED AND RESTATED LOAN FACILITY AGREEMENT
AND GUARANTY
FORM OF CANADIAN LOAN AGREEMENT
THIS LOAN AGREEMENT (this "Agreement") dated as of _______________, is made
between _________________ ("Borrower"), a ___________________________
[incorporated]/[formed]under the laws of ______________, and SUNTRUST BANK
("Bank"), a Georgia banking corporation having its principal office in Atlanta,
Georgia.
WITNESSETH:
WHEREAS, Borrower engages in the business of leasing and selling furniture,
electronics, appliances, and other household goods and is a franchisee of
Aaron's, Inc., a Georgia corporation formerly known as Aaron Rents, Inc.
("Aaron");
WHEREAS, Borrower has requested and Bank has agreed to provide financing to