DEEMED TO BE AN ORIGINAL, AND ALL OF WHICH, WHEN TAKEN TOGETHER, SHALL
CONSTITUTE BUT ONE AND THE SAME AGREEMENT.
DELIVERY OF AN EXECUTED COUNTERPART
OF THIS AGREEMENT BY TELEFACSIMILE SHALL BE EQUALLY AS EFFECTIVE AS DELIVERY OF
AN ORIGINAL EXECUTED COUNTERPART OF THIS AGREEMENT.
ANY PARTY DELIVERING AN
EXECUTED COUNTERPART OF THIS AGREEMENT BY TELEFACSIMILE ALSO SHALL DELIVER AN
ORIGINAL EXECUTED COUNTERPART OF THIS AGREEMENT BUT THE FAILURE TO DELIVER AN
ORIGINAL EXECUTED COUNTERPART SHALL NOT AFFECT THE VALIDITY, ENFORCEABILITY, AND
BINDING EFFECT OF THIS AGREEMENT.
THE FOREGOING SHALL APPLY TO EACH OTHER LOAN
DOCUMENT MUTATIS MUTANDIS.
9.19
ENTIRE AGREEMENT.
THIS AGREEMENT, THE SECURITY
DOCUMENTS, THE MULTI-PARTY AGREEMENT, AND THE OTHER LOAN DOCUMENTS REPRESENT THE
FINAL AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF
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.
9.20
REVIVAL AND REINSTATEMENT OF OBLIGATIONS.
IF THE
INCURRENCE OR PAYMENT OF THE OBLIGATIONS BY BORROWER OR THE TRANSFER TO LENDER
OF ANY PROPERTY SHOULD FOR ANY REASON SUBSEQUENTLY BE DECLARED TO BE VOID OR
VOIDABLE UNDER ANY STATE OR FEDERAL LAW RELATING TO CREDITORS' RIGHTS, INCLUDING
PROVISIONS OF THE BANKRUPTCY CODE RELATING TO FRAUDULENT CONVEYANCES,
PREFERENCES, OR OTHER VOIDABLE OR RECOVERABLE PAYMENTS OF MONEY OR TRANSFERS OF
PROPERTY (COLLECTIVELY, A "VOIDABLE TRANSFER"), AND IF LENDER IS REQUIRED TO
REPAY OR RESTORE, IN WHOLE OR IN PART, ANY SUCH VOIDABLE TRANSFER, OR ELECTS TO
DO SO UPON THE REASONABLE ADVICE OF ITS COUNSEL, THEN, AS TO ANY SUCH VOIDABLE
TRANSFER, OR THE AMOUNT THEREOF THAT LENDER IS REQUIRED OR ELECTS TO REPAY OR
RESTORE, AND AS TO ALL REASONABLE COSTS, EXPENSES, AND ATTORNEYS FEES OF LENDER
RELATED THERETO, THE LIABILITY OF BORROWER AUTOMATICALLY SHALL BE REVIVED,
REINSTATED, AND RESTORED AND SHALL EXIST AS THOUGH SUCH VOIDABLE TRANSFER HAD
NEVER BEEN MADE.
9.21
PATRIOT ACT NOTICE.
LENDER HEREBY NOTIFIES
BORROWER THAT, PURSUANT TO THE REQUIREMENTS OF THE USA PATRIOT ACT, TITLE III OF
PUB. L. 107-56, SIGNED INTO LAW OCTOBER 26, 2001 (THE "PATRIOT ACT"), LENDER IS
REQUIRED TO OBTAIN, VERIFY AND RECORD INFORMATION THAT IDENTIFIES THE BORROWER,
WHICH INFORMATION INCLUDES THE NAME AND ADDRESS OF BORROWER AND OTHER
INFORMATION THAT WILL ALLOW LENDER TO IDENTIFY BORROWER IN ACCORDANCE WITH THE
PATRIOT ACT.
[REST OF PAGE INTENTIONALLY LEFT BLANK]
64
IN WITNESS WHEREOF, the parties hereto have caused this Loan Agreement to be
duly executed as of the date first above written.
BORROWER:
AMERICAN BUSINESS LENDING, INC.,
a Texas corporation
By:
Charles P. Bell, Jr.
Chief Executive Officer
LENDER:
WELLS FARGO FOOTHILL, LLC,
a Delaware limited liability company
By:
Laurel Varney Mason
Vice President
SIGNATURE PAGE TO LOAN AGREEMENT
ACKNOWLEDGMENT OF INSTRUMENTS
STATE OF
)
)
SS.
COUNTY OF
)
On
before me, the
undersigned notary public in and for said state, personally appeared
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s)