OR AGREEMENT
EXECUTED OR DELIVERED IN CONNECTION HEREWITH, OR (B) IN ANY WAY CONNECTED WITH
OR RELATED OR INCIDENTAL TO THE DEALINGS OF ANY CREDITOR OR ANY OF THEM WITH
RESPECT TO THIS AGREEMENT OR ANY OTHER INSTRUMENT, DOCUMENT OR AGREEMENT
EXECUTED OR DELIVERED BY THEM IN CONNECTION HEREWITH, OR THE TRANSACTIONS
RELATED HERETO OR THERETO, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER
ARISING, AND WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE AND EACH CREDITOR
HEREBY AGREES AND CONSENTS THAT ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION
SHALL BE DECIDED BY COURT TRIAL WITHOUT JURY, AND THAT ANY OF THEM MAY FILE AN
ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH ANY COURT AS WRITTEN
EVIDENCE OF THEIR CONSENT TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY.
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IN WITNESS WHEREOF, the undersigned have entered into this Agreement
as of the date above first written.
DVB BANK NV,
as Senior Agent
By:
/s/ Matthew R. Cooley
Name:
Matthew R. Cooley
Title:
Attorney-in-Fact
DVB BANK NV,
as Subordinated Agent
By:
/s/ Matthew R. Cooley
Name:
Matthew R. Cooley
Title:
Attorney-in-Fact
RIGDON MARINE CORPORATION,
as Borrower
By:
/s/ Bruce A. Streeter
Name:
Bruce A. Streeter
Title:
Chairman and CEO
DVB BANK NV,
as Subordinated Lender
By:
/s/ Matthew R. Cooley
Name:
Matthew R. Cooley
Title:
Attorney-in-Fact
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