THE RIGHT OF THE BANK TO RELY UPON THEM.
6
SECTION 5.02.
REFERENCE TO AGREEMENT.
EACH OF THE
AGREEMENT AND THE OTHER LOAN DOCUMENTS, AND ANY AND ALL OTHER AGREEMENTS,
DOCUMENTS OR INSTRUMENTS NOW OR HEREAFTER EXECUTED AND DELIVERED PURSUANT TO THE
TERMS HEREOF OR THEREOF OR PURSUANT TO THE TERMS OF THE AGREEMENT, AS AMENDED
HEREBY, ARE HEREBY AMENDED SO THAT ANY REFERENCE IN THE AGREEMENT AND SUCH OTHER
LOAN DOCUMENTS TO THE AGREEMENT SHALL MEAN A REFERENCE TO THE AGREEMENT AS
AMENDED HEREBY.
SECTION 5.03.
EXPENSES OF THE BANK.
AS PROVIDED IN
THE AGREEMENT, THE BORROWER AGREES TO PAY ON DEMAND ALL REASONABLE COSTS AND
EXPENSES INCURRED BY THE BANK IN CONNECTION WITH THE PREPARATION, NEGOTIATION
AND EXECUTION OF THIS AMENDMENT AND THE OTHER LOAN DOCUMENTS EXECUTED PURSUANT
HERETO AND ANY AND ALL AMENDMENTS, MODIFICATIONS AND SUPPLEMENTS HERETO OR
THERETO, INCLUDING, WITHOUT LIMITATION, THE COSTS AND FEES OF THE BANK'S LEGAL
COUNSEL AND ALL COSTS AND EXPENSES INCURRED BY THE BANK IN CONNECTION WITH THE
ENFORCEMENT OR PRESERVATION OF ANY RIGHTS OR REMEDIES UNDER THE AGREEMENT OR ANY
OTHER LOAN DOCUMENT, IN EACH CASE AS AMENDED HEREBY, INCLUDING, WITHOUT,
LIMITATION, THE COSTS AND FEES OF THE BANK'S LEGAL COUNSEL.
SECTION 5.04.
SEVERABILITY.
ANY PROVISION OF THIS
AMENDMENT HELD BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR
UNENFORCEABLE SHALL NOT IMPAIR OR INVALIDATE THE REMAINDER OF THIS AMENDMENT AND
THE EFFECT THEREOF SHALL BE CONFINED TO THE PROVISION SO HELD TO BE INVALID OR
UNENFORCEABLE.
SECTION 5.05.
SUCCESSORS AND ASSIGNS.
THIS
AMENDMENT IS BINDING UPON AND SHALL INURE TO THE BENEFIT OF THE BORROWER, THE
GUARANTORS AND THE BANK AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS; PROVIDED,
HOWEVER, THAT NEITHER THE BORROWER NOR ANY GUARANTOR MAY ASSIGN ANY OF ITS
OBLIGATIONS HEREUNDER OR UNDER ANY LOAN DOCUMENT WITHOUT THE PRIOR WRITTEN
CONSENT OF THE BANK.
SECTION 5.06.
COUNTERPARTS.
THIS AMENDMENT MAY BE
EXECUTED IN ONE OR MORE COUNTERPARTS, EACH OF WHICH WHEN SO EXECUTED SHALL BE
DEEMED TO BE AN ORIGINAL, BUT ALL OF WHICH WHEN TAKEN TOGETHER SHALL CONSTITUTE
ONE AND THE SAME INSTRUMENT.
A FACSIMILE SIGNATURE OR A SIGNATURE TRANSMITTED
ELECTRONICALLY SHALL BE EFFECTIVE AS AN ORIGINAL SIGNATURE.
SECTION 5.07.
EFFECT OF WAIVER.
NO CONSENT OR
WAIVER, EXPRESS OR IMPLIED, BY THE BANK TO OR FOR ANY BREACH OF OR DEVIATION
FROM ANY COVENANT, CONDITION OR DUTY BY THE BORROWER OR ANY GUARANTOR SHALL BE
DEEMED A CONSENT TO OR WAIVER OF ANY OTHER BREACH OF THE SAME OR ANY OTHER
COVENANT, CONDITION OR DUTY.
SECTION 5.08.
HEADINGS.
THE HEADINGS, CAPTIONS AND
ARRANGEMENTS USED IN THIS AMENDMENT ARE FOR CONVENIENCE ONLY AND SHALL NOT
AFFECT THE INTERPRETATION OF THIS AMENDMENT.
SECTION 5.09.
APPLICABLE LAW.
THIS AMENDMENT AND
ALL OTHER AGREEMENTS EXECUTED PURSUANT HERETO SHALL BE DEEMED TO HAVE BEEN MADE
AND TO BE PERFORMABLE IN, AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE STATE OF TEXAS.
SECTION 5.10.
FINAL AGREEMENT.
THE AGREEMENT AND
THE OTHER LOAN DOCUMENTS, EACH AS