THERETO, IN EACH CASE WHETHER NOW
EXISTING OR HEREAFTER ARISING, AND WHETHER FOUNDED IN CONTRACT OR TORT OR
OTHERWISE; AND EACH GRANTOR HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM,
DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A
JURY, AND THAT ANY PARTY TO THIS AGREEMENT MAY FILE AN ORIGINAL COUNTERPART OR A
COPY OF THIS SECTION 10.18 WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF
THE SIGNATORIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
and delivered by their duly authorized officers as of the date first above
written.
GRANTORS: AGC, INC. A.G.C. INVESTMENTS, INC. A.G. EUROPE, INC. A.G. INDUSTRIES,
INC. A.G. (UK), INC. CARLTON CARDS RETAIL, INC. CLOUDCO, INC. CREATACARD, INC.
CREATACARD INTERNATIONAL LEASING, INC.
CUSTOM HOLDINGS, INC. GIBSON GREETINGS, INC. JOHN SANDS (AUSTRALIA) LTD. JOHN
SANDS (N.Z.) LTD. JOHN SANDS HOLDING CORP. LEARNING HORIZONS, INC. MEMPHIS
PROPERTY CORPORATION PLUS MARK, INC.
QUALITY GREETING CARD DISTRIBUTING COMPANY, INC.
THOSE CHARACTERS FROM CLEVELAND, INC.
By:
/s/ Stephen J. Smith
Name:
Stephen Smith Title:
Treasurer of each of the foregoing Grantors
AGCM, INC. AG.COM, INC. EGREETINGS NETWORK, INC. MIDIRINGTONES, LLC AG
INTERACTIVE, INC. By:
/s/ Stephen J. Smith
Name:
Stephen Smith Title:
Assistant Treasurer of each of the
foregoing Grantors
AGC HOLDINGS, INC. By:
/s/ Stephen J. Smith
Name:
Stephen Smith Title:
Vice President
COLLATERAL AGENT: NATIONAL CITY BANK, as Collateral Agent By:
/s/ Robert S. Coleman
Name:
Robert S. Coleman
Title:
Senior Vice President