NOR DOES BORROWER NOW HAVE
KNOWLEDGE OF ANY FACTS THAT WOULD OR MIGHT GIVE RISE TO ANY CLAIMS.
IF FACTS
NOW EXIST WHICH WOULD OR COULD GIVE RISE TO ANY CLAIM AGAINST OR WITH RESPECT TO
THE ENFORCEMENT OF THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT, AS MAY HAVE BEEN
AMENDED BY THE AMENDMENTS THERETO, BORROWER HEREBY UNCONDITIONALLY, IRREVOCABLY
AND UNEQUIVOCALLY WAIVES AND FULLY RELEASES ANY AND ALL SUCH CLAIMS AS IF SUCH
CLAIMS WERE THE SUBJECT OF A LAWSUIT, ADJUDICATED TO FINAL JUDGMENT FROM WHICH
NO APPEAL COULD BE TAKEN AND THEREIN DISMISSED WITH PREJUDICE.
12.21
CONFIDENTIALITY.
AGENT AND EACH LENDER, SEVERALLY AND WITH RESPECT
TO ITSELF ONLY, COVENANTS AND AGREES THAT ANY INFORMATION OBTAINED BY AGENT OR
SUCH LENDER PURSUANT TO THIS AGREEMENT SHALL BE HELD IN CONFIDENCE (IT BEING
UNDERSTOOD THAT DOCUMENTS PROVIDED TO AGENT HEREUNDER MAY IN ALL CASES BE
DISTRIBUTED BY AGENT TO LENDERS) EXCEPT THAT AGENT OR SUCH LENDER MAY DISCLOSE
SUCH INFORMATION (I) TO ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, COUNSEL,
ACCOUNTANTS, AUDITORS, ADVISORS OR REPRESENTATIVES, (II) TO THE EXTENT SUCH
INFORMATION HAS BECOME AVAILABLE TO THE PUBLIC OTHER THAN AS A RESULT OF A
DISCLOSURE BY OR THROUGH AGENT OR SUCH LENDER, (III) TO THE EXTENT SUCH
INFORMATION WAS AVAILABLE TO AGENT OR SUCH LENDER IN A CAPACITY OTHER THAN AGENT
OR LENDER HEREUNDER OR ON A NONCONFIDENTIAL BASIS PRIOR TO ITS DISCLOSURE TO
AGENT OR SUCH LENDER HEREUNDER, (IV) WITH THE CONSENT OF BORROWER, (V) TO ACTUAL
OR PROSPECTIVE LENDER ASSIGNEES OR PURCHASING LENDERS OR (VI) TO THE EXTENT
AGENT OR SUCH LENDER SHOULD BE (A) REQUIRED IN CONNECTION WITH ANY LEGAL OR
REGULATORY PROCEEDING OR (B) REQUESTED BY ANY GOVERNMENT AUTHORITY TO DISCLOSE
SUCH INFORMATION.
SECTION 13.
TEXAS LANGUAGE.
THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG
THE PARTIES HERETO WITH RESPECT TO THE MATTERS COVERED HEREBY AND THEREBY AND
MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL
AGREEMENTS OF THE PARTIES.
THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
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68
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed and delivered by their respective duly authorized officers as of the
date first above written.
FIRSTCITY FINANCIAL CORPORATION
a Delaware corporation
By:
Title:
6400 Imperial Drive (delivery only)
Waco, Texas 76710
P.O. Box 8216 (mail)
Waco, Texas 76714-8216
254-761-2953 (telecopier)
BoS (USA) Inc., individually and as Agent
By:
Title:
[signature page to Revolving Credit Agreement]
"Person" shall mean and include an individual, a partnership, a corporation
(including a business trust), a joint stock company, a limited liability
company, a trust, an unincorporated association, a joint venture or other entity
or a government or an agency or political subdivision thereof.
"Plan" shall mean any "employee benefit plan" (within the meaning of Section
3(3) of ERISA) maintained by any Loan Party or any ERISA Affiliate or any such
plan to which any Loan Party or any ERISA Affiliate is or has