POSTAGE PREPAID, TO BORROWER AT ITS ADDRESS
SET FORTH IN THIS AGREEMENT OR AT SUCH OTHER ADDRESS OF WHICH AGENT SHALL HAVE
BEEN NOTIFIED PURSUANT THERETO; AND
(4) AGREES THAT NOTHING HEREIN SHALL AFFECT THE RIGHT TO EFFECT SERVICE OF
PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR SHALL LIMIT THE RIGHT TO SUE IN
ANY OTHER JURISDICTION.
(B) EACH BORROWER AND LENDER PARTY HEREBY:
(1) IRREVOCABLY AND UNCONDITIONALLY WAIVES THE RIGHT TO A TRIAL BY JURY IN ANY
ACTION OR PROCEEDING OR COUNTERCLAIM OF ANY TYPE AS TO ANY MATTER ARISING
DIRECTLY OR INDIRECTLY OUT OF OR WITH RESPECT TO THIS AGREEMENT, THE NOTE, ANY
OF THE OTHER LOAN DOCUMENTS OR ANY OTHER DOCUMENT EXECUTED IN CONNECTION
HEREWITH OR THEREWITH; AND
(2) AGREES THAT ANY OF THEM MAY FILE A COPY OF THIS AGREEMENT WITH ANY COURT AS
WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED FOR AGREEMENT BETWEEN
THE PARTIES IRREVOCABLY TO WAIVE TRIAL BY JURY, AND THAT ANY DISPUTE OR
CONTROVERSY OF ANY KIND WHATSOEVER BETWEEN THEM SHALL INSTEAD BE TRIED IN A
COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY.
14.4 RELEASE. EACH BORROWER HEREBY RELEASES, ACQUITS, AND FOREVER DISCHARGES THE
AGENT, THE LENDERS (AND EACH OF THEM), AND EACH AND EVERY PAST AND PRESENT
SUBSIDIARY, AFFILIATE, STOCKHOLDER, OFFICER, DIRECTOR, AGENT, SERVANT, EMPLOYEE,
REPRESENTATIVE, AND ATTORNEY OF THE AGENT OR ANY OF THE LENDERS (COLLECTIVELY,
THE "RELEASED PARTIES"), FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, SUITS,
DEBTS, LIENS, OBLIGATIONS, LIABILITIES, DEMANDS, LOSSES, COSTS AND EXPENSES
(INCLUDING ATTORNEYS' FEES) OF ANY KIND, CHARACTER, OR NATURE WHATSOEVER, KNOWN
OR UNKNOWN, FIXED OR CONTINGENT, WHICH ANY BORROWER HAS OR MAY HAVE OR CLAIM TO
HAVE NOW OR WHICH MAY HEREAFTER ARISE OUT OF OR CONNECTED WITH ANY ACT OF
COMMISSION OR OMISSION OF ANY OF THE RELEASED PARTIES EXISTING OR OCCURRING
PRIOR
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TO THE DATE OF THIS AGREEMENT OR ANY INSTRUMENT EXECUTED PRIOR TO THE DATE OF
THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS, LIABILITIES OR
OBLIGATIONS ARISING WITH RESPECT TO THE EXISTING CREDIT AGREEMENT OR ANY OF THE
TRANSACTIONS CONTEMPLATED BY THE EXISTING CREDIT AGREEMENT OR ANY OF THE OTHER
DOCUMENTS EXECUTED OR DELIVERED IN CONNECTION WITH THE EXISTING CREDIT
AGREEMENT. THE PROVISIONS OF THIS SECTION SHALL BE BINDING UPON EACH BORROWER,
AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND SHALL INURE TO THE BENEFIT OF
EACH OF THE RELEASED PARTIES AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their respective duly authorized representatives as of the day and year first
above written.
[SIGNATURE PAGES TO FOLLOW]
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SIGNATURE PAGE - BORROWERS
PEMCO AVIATION GROUP, INC. By:
Its:
PEMCO AEROPLEX, INC. By:
Its:
PEMCO ENGINEERS, INC. By:
Its:
PEMCO WORLD AIR SERVICES, INC. By:
Its:
SPACE VECTOR CORPORATION By:
Its:
97
STATE OF ALABAMA
COUNTY OF
I, the undersigned, a Notary Public in and for said County in said State, hereby
certify that
, whose name as