THE SECTIONS TO WHICH THEY REFER.
7.14.
ACTIONS.
LENDER HAS THE RIGHT, BUT NOT THE
OBLIGATION, TO COMMENCE, APPEAR IN, AND DEFEND ANY ACTION OR PROCEEDING WHICH
MIGHT AFFECT ITS RIGHTS, DUTIES OR LIABILITIES RELATING TO THE LOAN OR ANY OF
THE LOAN DOCUMENTS.
BORROWER MUST PAY WITHIN 30 DAYS OF WRITTEN DEMAND ALL OF
LENDER'S REASONABLE OUT-OF-POCKET COSTS, EXPENSES, AND LEGAL FEES AND EXPENSES
OF LENDER'S COUNSEL INCURRED IN THOSE ACTIONS OR PROCEEDINGS.
10
7.15.
LOAN COMMISSION.
LENDER IS NOT OBLIGATED TO PAY
ANY BROKERAGE COMMISSION OR FEE IN CONNECTION WITH OR ARISING OUT OF THE LOAN.
7.16.
CREDIT VERIFICATION.
BORROWER HEREBY AUTHORIZES
LENDER TO CHECK ANY CREDIT REFERENCES AND OBTAIN CREDIT REPORTS FROM CREDIT
REPORTING AGENCIES OF LENDER'S CHOICE IN CONNECTION WITH ANY MONITORING,
COLLECTION OR FUTURE TRANSACTION CONCERNING THE LOAN, INCLUDING ANY
MODIFICATION, EXTENSION OR RENEWAL OF THE LOAN.
7.17.
WAIVER OF JURY TRIAL.
BORROWER WAIVES TRIAL BY
JURY IN ANY ACTION OR PROCEEDING TO WHICH BORROWER AND LENDER MAY BE PARTIES,
ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY PERTAINING TO, THIS AGREEMENT,
THE NOTE OR ANY OF THE OTHER LOAN DOCUMENTS.
IT IS AGREED AND UNDERSTOOD THAT
THIS WAIVER CONSTITUTES A WAIVER OF TRIAL BY JURY OF ALL CLAIMS AGAINST ALL
PARTIES TO SUCH ACTION OR PROCEEDINGS, INCLUDING CLAIMS AGAINST PARTIES WHO ARE
NOT PARTIES TO THIS AGREEMENT.
THIS WAIVER IS KNOWINGLY, WILLINGLY AND
VOLUNTARILY MADE BY BORROWER, AND BORROWER HEREBY REPRESENTS THAT NO
REPRESENTATIONS OF FACT OR OPINION HAVE BEEN MADE BY ANY INDIVIDUAL TO INDUCE
THIS WAIVER OF TRIAL BY JURY OR TO IN ANY WAY MODIFY OR NULLIFY ITS EFFECT.
BORROWER FURTHER REPRESENTS AND WARRANTS THAT IT HAS BEEN REPRESENTED IN THE
SIGNING OF THIS AGREEMENT AND IN THE MAKING OF THIS WAIVER BY INDEPENDENT LEGAL
COUNSEL, OR HAS HAD THE OPPORTUNITY TO BE REPRESENTED BY INDEPENDENT LEGAL
COUNSEL SELECTED OF ITS OWN FREE WILL, AND THAT IT HAS HAD THE OPPORTUNITY TO
DISCUSS THIS WAIVER WITH COUNSEL.
7.18.
CONFIDENTIALITY.
LENDER AGREES TO KEEP
CONFIDENTIAL AND NOT USE FOR ANY PURPOSE OTHER THAN EVALUATING AND MONITORING
THE LOAN OR BRINGING ANY ACTION FOR THE ENFORCEMENT OF THE LOAN DOCUMENTS,
INCLUDING, WITHOUT LIMITATION, ANY COLLECTION ACTION, ANY CONFIDENTIAL,
NONPUBLIC OR PROPRIETARY INFORMATION ABOUT BORROWER AND ITS SUBSIDIARIES THAT IT
MAY RECEIVE PURSUANT TO THIS AGREEMENT, EXCEPT TO THE EXTENT IN THE PUBLIC
DOMAIN THROUGH NO FAULT OF LENDER OR ITS AFFILIATES.
SIGNATURE PAGE FOLLOWS.
11
IN WITNESS WHEREOF, Borrower and Lender have executed this Agreement as of the
date first above written.
Borrower:
Power-One, Inc.,
a Delaware corporation
By:
/s/ Paul E. Ross
Paul E. Ross, Chief Financial Officer
Address of Borrower:
Power-One, Inc.
740 Calle Plano
Camarillo, CA 93012
Attn: General Counsel
Lender:
PWER Bridge, LLC,
a Nevada limited liability company
By:
/s/ Mark Doramus
Mark Doramus, Manager
Address of Lender:
PWER Bridge, LLC
c/o David Knight
Stephens, Inc.
111 Center Street
Little Rock, Arkansas 72201
Section 1.7 above is agreed to by:
Stephens Investment Holdings, LLC,
an