ITS SUCCESSORS AND ASSIGNS, TO INITIATE AND PROSECUTE IN
ANY APPLICABLE JURISDICTION ACTIONS RELATED TO THE REPAYMENT AND COLLECTION OF
THE OBLIGATIONS AND THE EXERCISE OF ALL OF LENDER'S RIGHTS AGAINST EACH BORROWER
WITH RESPECT THERETO AND ANY SECURITY OR PROPERTY OF EACH BORROWER, INCLUDING,
WITHOUT LIMITATION, DISPOSITIONS OF THE LOAN COLLATERAL, and that service of
process in any such proceeding shall be effective if mailed to Borrowers in
accordance with the Credit Agreement.
JURY WAIVER. EACH BORROWER, ANY INDORSER OR GUARANTOR HEREOF, AND LENDER WAIVE
THE RIGHT TO A TRIAL BY JURY OF ANY MATTERS ARISING OUT OF THIS NOTE OR THE
TRANSACTIONS CONTEMPLATED HEREBY.
[Signature Page Follows]
-9-
IN WITNESS WHEREOF, each Borrower has executed this Note by its duly authorized
officer as of the date first above written.
CECO FILTERS, INC. NEW BUSCH CO., INC.
THE KIRK & BLUM MANUFACTURING COMPANY
KBD/TECHNIC, INC. CECOAIRE, INC. CECO ABATEMENT SYSTEMS, INC.
EFFOX INC., formerly known as CECO Acquisition Corp.
FISHER-KLOSTERMAN, INC., formerly known as FKI Acquisition Corp.
H.M. WHITE, INC. GMD ENVIRONMENTAL
TECHNOLOGIES, INC., formerly known as GMD Acquisition Corp.
By:
/s/ Dennis W. Blazer
Dennis W. Blazer, Secretary and Treasurer
SIGNATURE PAGE TO
FOURTH AMENDED AND RESTATED REVOLVING CREDIT PROMISSORY NOTE
(Sixth Amendment to Credit Agreement)