ARISING OUT OF, UNDER, OR IN
CONNECTION WITH, EACH CREDIT DOCUMENT, OR ANY COURSE OF CONDUCT, COURSE OF
DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS OF THE ADMINISTRATIVE
AGENT OR ANY OTHER SECURED PARTY, LENDER OR ANY GRANTOR IN CONNECTION THEREWITH.
NEW GRANTOR ACKNOWLEDGES AND AGREES THAT IT HAS RECEIVED FULL AND SUFFICIENT
CONSIDERATION FOR THIS PROVISION (AND EACH OTHER PROVISION OF EACH OTHER CREDIT
DOCUMENT TO WHICH IT IS A PARTY) AND THAT THIS PROVISION IS A MATERIAL
INDUCEMENT FOR THE ADMINISTRATIVE AGENT AND EACH LENDER ENTERING INTO THE CREDIT
DOCUMENTS.
THIS SUPPLEMENT, THE SECURITY AGREEMENT AND THE OTHER CREDIT DOCUMENTS,
REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY
EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE
PARTIES.
THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES HERETO.
Annex 1 to Amended and Restated Pledge and Security Agreement
Page 3 of 5
IN WITNESS WHEREOF, the New Grantor and the Administrative Agent have duly
executed this Supplement to the Security Agreement as of the day and year first
above written.
[Name of New Grantor] By:
Name:
Title:
Address:
Whitebox Advisors LLC, as Administrative Agent
By:
Name:
Title:
Annex I to Amended and Restated Pledge and Security Agreement
Page 4 of 5
SCHEDULES TO SUPPLEMENT NO. 1
[AS APPROPRIATE]
Annex I to Amended and Restated Pledge and Security Agreement
Page 5 of 5