required to indemnify the Lender to
the extent that such claims, damages, liabilities or expenses arise from the
gross negligence or willful misconduct of Lender.
Section 8.14 Waiver of Jury Trial. BORROWER AND LENDER KNOWINGLY, VOLUNTARILY
AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT
OF ANY LITIGATION BASED HEREON OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH,
THIS AGREEMENT OR ANY DOCUMENT EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE
OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS
OR EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT TO THE LENDER ENTERING
INTO THIS AGREEMENT AND MAKING ANY LOAN, ADVANCE OR OTHER EXTENSION OF CREDIT TO
THE BORROWER.
(Signatures on next page)
15
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
effective on the date first written above.
BORROWER: FOREFRONT HOLDINGS, INC. By:
Name:
Title:
Address:
Forefront Holdings, Inc.
835 Bill Jones Industrial Drive
Springfield, Tennessee 37172
Attention: Chief Executive Officer
Facsimile: (615) 384-1290
LENDER: STANFORD VENTURE CAPITAL HOLDINGS, INC. By:
Name:
Title:
Address:
Stanford Venture Capital Holdings, Inc.
6075 Poplar Avenue
Memphis, Tennessee 38119
Facsimile: (901) 680-5265
16
SCHEDULE 3.5
LITIGATION
None.
SCHEDULE 3.7
NO ADVERSE RESTRICTIONS OR DEFAULTS
None.
SCHEDULE 3.9
TITLE TO PROPERTY
None.