BE DISCOVERED
SHALL AFFECT IN ANY MANNER THE FINAL, ABSOLUTE AND UNCONDITIONAL NATURE OF THE
RELEASE SET FORTH ABOVE.
7.
NO NOVATION.
THIS AMENDMENT AND ALL OTHER AGREEMENTS EXECUTED BY
EITHER BORROWER ON THE DATE HEREOF ARE NOT INTENDED TO NOR SHALL BE CONSTRUED TO
CREATE A NOVATION OR ACCORD AND SATISFACTION, AND SHALL ONLY BE A MODIFICATION
AND EXTENSION OF THE EXISTING LIABILITIES OF EITHER BORROWER TO LENDER.
8.
ENTIRE AGREEMENT.
THIS AMENDMENT COMPRISES THE ENTIRE AGREEMENT
RELATING TO THE SUBJECT MATTER IT COVERS AND SUPERSEDES ANY AND ALL PRIOR
WRITTEN OR ORAL AGREEMENTS BETWEEN LENDER AND BORROWERS RELATING THERETO.
9.
SEVERABILITY.
ANY PROVISION OF THIS AMENDMENT THAT IS PROHIBITED
OR UNENFORCEABLE IN ANY JURISDICTION SHALL, AS TO SUCH JURISDICTION, BE
INEFFECTIVE TO THE EXTENT OF SUCH PROHIBITION OR UNENFORCEABILITY WITHOUT
INVALIDATING THE REMAINING PROVISIONS HEREOF OR AFFECTING THE VALIDITY OR
ENFORCEABILITY OF SUCH PROVISION IN ANY OTHER JURISDICTION.
10.
AMENDMENT.
NO AMENDMENT HERETO SHALL BE VALID UNLESS CONTAINED IN
A WRITING DULY EXECUTED BY THE PARTY OR PARTIES TO BE BOUND BY IT.
3
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly
executed by their proper and duly authorized officers as of the day and year
first set forth above.
WELLS-GARDNER ELECTRONICS CORPORATION, as a Borrower
By
/s/ James F. Brace
Its
VP, Secretary, Treasurer and CFO
AMERICAN GAMING & ELECTRONICS, INC., as a Borrower
By
/s/ James F. Brace
Its
VP and CFO
LASALLE BANK NATIONAL ASSOCIATION, as Lender
By
/s/ Mitchell B. Rasky
Its
SVP
4