DEMAND, ACTION OR CAUSE OF ACTION (a)
ARISING UNDER THIS AMENDMENT, (b) ARISING UNDER THE LOAN AGREEMENT OR ANY OF THE
LOAN DOCUMENTS OR (c) IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE
DEALINGS OF BORROWER, WITH RESPECT TO THIS AMENDMENT, THE LOAN AGREEMENT OR ANY
OF THE LOAN DOCUMENTS OR THE TRANSACTIONS RELATED HERETO OR THERETO, IN EACH
CASE WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE, BORROWER AND BANK AGREE
AND CONSENT 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 AMENDMENT MAY
FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH ANY COURT AS WRITTEN
EVIDENCE OF THE CONSENT OF BORROWER AND BANK TO THE WAIVER OF THEIR RIGHT TO
TRIAL BY JURY.
BORROWER ACKNOWLEDGES THAT IT HAS HAD THE OPPORTUNITY TO CONSULT
WITH COUNSEL REGARDING THIS SECTION, THAT IT FULLY UNDERSTANDS ITS TERMS,
CONTENT AND EFFECT, AND THAT IT VOLUNTARILY AND KNOWINGLY AGREE TO THE TERMS OF
THIS SECTION.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first above written.
BORROWER:
ACCESS TO MONEY, INC., a Delaware corporation
By:
/s/ Michael J. Dolan
Name/Title:
Michael J. Dolan, CFO
Acknowledged and Agreed as of the date above:
GUARANTORS:
ACCESS TO MONEY ACQUISITION CORPORATION
By:
/s/ Michael J. Dolan
Name/Title:
Michael J. Dolan, CFO
ACCESS TO MONEY ATM CORPORATION
By:
/s/ Michael J. Dolan
Name/Title:
Michael J. Dolan, CFO
ACCESS TO MONEY-SL, INC.
By:
/s/ Michael J. Dolan
Name/Title:
Michael J. Dolan, CFO
BANK:
SOVEREIGN BANK
By:
/s/ Daniel R. Vereb
Name/Title:
Daniel R. Vereb, SVP