Agreement or the
obligations thereunder be deemed affected hereby, it being the intent and
agreement of the Obligors that the Guaranties and the Liens on the Collateral
granted to secure the obligations in connection with the Existing Loan Agreement
shall not be extinguished or impaired and shall remain valid, binding and
enforceable securing the obligations under the Existing Credit Agreement, as
amended and restated hereby.
10.16 GOVERNING LAW. THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS SHALL BE
CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF TEXAS;
PROVIDED, HOWEVER, IT IS AGREED THAT THE PROVISIONS OF CHAPTER 346 OF THE TEXAS
FINANCE CODE SHALL NOT APPLY TO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS. THE
LOAN DOCUMENTS ARE PERFORMABLE IN SAN ANTONIO, BEXAR COUNTY, TEXAS, AND
BORROWER, ADMINISTRATIVE AGENT AND LENDERS WAIVE THE RIGHT TO BE SUED ELSEWHERE.
BORROWER, ADMINISTRATIVE AGENT AND LENDERS AGREE THAT THE STATE AND FEDERAL
COURTS OF TEXAS LOCATED IN SAN ANTONIO, TEXAS SHALL HAVE JURISDICTION OVER
PROCEEDINGS IN CONNECTION WITH THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS.
10.17 WAIVER OF JURY TRIAL. EACH OF BORROWER, ADMINISTRATIVE AGENT AND
LENDERS HEREBY KNOWINGLY VOLUNTARILY, IRREVOCABLY AND INTENTIONALLY WAIVE, TO
THE MAXIMUM EXTENT PERMITTED BY LAW, ALL RIGHT TO TRIAL BY JURY IN ANY ACTION,
PROCEEDING OR CLAIM ARISING OUT OF OR RELATED TO ANY OF THE LOAN DOCUMENTS OR
THE TRANSACTIONS CONTEMPLATED THEREBY. THIS PROVISION IS A MATERIAL INDUCEMENT
TO LENDERS ENTERING INTO THIS AGREEMENT AND MAKING ANY LOANS.
10.18 ENTIRE AGREEMENT. THIS WRITTEN AGREEMENT, TOGETHER WITH THE OTHER
LOAN DOCUMENTS, REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT
BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL
AGREEMENTS OF THE PARTIES HERETO. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN
THE PARTIES.
The Remainder of This Page Is Intentionally Left Blank.
50
IN WITNESS WHEREOF, this Agreement is executed as of the date first set
forth above.
BORROWER: CRAFTMADE INTERNATIONAL, INC.
By:
/s/ Brad Dale Heimann
Name:
Brad Dale Heimann
Title:
President
ADMINISTRATIVE AGENT: THE FROST NATIONAL BANK,
as Administrative Agent
By:
/s/ D. Michael Randall
Name:
D. Michael Randall
Title:
Senior Vice President
LENDERS: THE FROST NATIONAL BANK
By:
/s/ D. Michael Randall
Name:
D. Michael Randall
Title:
Senior Vice President
WHITNEY NATIONAL BANK
By:
/s/ Kevin P. Rafferty
Name:
Kevin P. Rafferty
Title:
Senior Vice President
COMMERCE BANK, N.A.
By:
/s/ Joe McCaddon
Name:
Joe McCaddon
Title:
Senior
Vice President