UNDER THE LOAN DOCUMENTS.
4.5
SUCH GUARANTOR IS IN MATERIAL COMPLIANCE WITH ALL LAWS, INCLUDING
SATISFACTION OF ALL TAX OBLIGATIONS PRIOR TO DELINQUENCY.
3
5.
CONTINUING VALIDITY.
EXCEPT AS EXPRESSLY MODIFIED OR CHANGED BY
THIS AMENDMENT, THE TERMS OF THE CREDIT AGREEMENT, THE NOTE AND ALL OTHER
RELATED LOAN DOCUMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CONSENT BY
LENDER TO THE CHANGES DESCRIBED HEREIN DOES NOT WAIVE LENDER'S RIGHT TO STRICT
PERFORMANCE OF THE TERMS AND CONDITIONS CONTAINED IN THE CREDIT AGREEMENT, THE
NOTE AND ALL OTHER LOAN AND SECURITY DOCUMENTS AS AMENDED, NOR OBLIGATE LENDER
TO MAKE FUTURE CHANGES IN TERMS. NOTHING IN THIS AMENDMENT WILL CONSTITUTE A
SATISFACTION OF THE INDEBTEDNESS REPRESENTED BY THE NOTE.
6.
RELEASE.
BORROWER HEREBY RELEASES, REMISES, ACQUITS AND FOREVER
DISCHARGES LENDER AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES, CONSULTANTS,
ATTORNEYS, FIDUCIARIES, OFFICERS, DIRECTORS, PARTNERS, PREDECESSORS, SUCCESSORS
AND ASSIGNS, SUBSIDIARY CORPORATIONS, PARENT CORPORATIONS, AND RELATED CORPORATE
DIVISIONS (COLLECTIVELY, THE "RELEASED PARTIES"), FROM ANY AND ALL ACTIONS AND
CAUSES OF ACTION, JUDGMENTS, EXECUTIONS, SUITS, DEBTS, CLAIMS, DEMANDS,
LIABILITIES, OBLIGATIONS, DAMAGES AND EXPENSES OF ANY AND EVERY CHARACTER, KNOWN
OR UNKNOWN, DIRECT AND/OR INDIRECT, AT LAW OR IN EQUITY, OF WHATSOEVER KIND OR
NATURE, FOR OR BECAUSE OF ANY MATTER OR THINGS DONE, OMITTED OR SUFFERED TO BE
DONE BY ANY OF THE RELEASED PARTIES PRIOR TO AND INCLUDING THE DATE OF DELIVERY
HEREOF, AND IN ANY WAY DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN ANY WAY
CONNECTED TO THE CREDIT AGREEMENT (COLLECTIVELY, THE "RELEASED MATTERS").
BORROWER ACKNOWLEDGES THAT THE AGREEMENTS IN THIS SECTION ARE INTENDED TO BE IN
FULL SATISFACTION OF ALL OR ANY ALLEGED INJURIES OR DAMAGES ARISING IN
CONNECTION WITH THE RELEASED MATTERS.
Without limiting the generality of the foregoing, Borrower hereby waives the
provisions of any statute that prevents a general release from extending to
claims unknown by the releasing party, including Section 1542 of the California
Civil Code which provides:
A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which
if known by him or her must have materially affected his or her settlement with
the debtor.
By entering into this release, Borrower recognizes that no facts or
representations are ever absolutely certain and Borrower may hereafter discover
facts in addition to or different from those which Borrower presently knows or
believes to be true, but that it is the intention of Borrower to hereby fully,
finally and forever settle and release all matters, disputes and differences,
known or unknown, suspected or unsuspected; accordingly, if Borrower should
subsequently discover that any fact that Borrower relied upon in delivering this
release was untrue, or that any understanding of the facts was incorrect,
Borrower shall not be entitled to set aside this release by reason thereof,
regardless of any claim of mistake of fact or law or any other circumstances
whatsoever.
Borrower acknowledges that Borrower is not relying upon and