NEITHER PARTY WILL SEEK TO CONSOLIDATE ANY
SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR
HAS NOT BEEN WAIVED. EXCEPT AS PROHIBITED BY LAW, DEBTOR HEREBY WAIVES
ANY RIGHT IT MAY HAVE TO CLAIM OR RECOVER IN ANY LITIGATION ANY
SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
OTHER THAN, OR IN ADDITION TO, ACTUAL DAMAGES. DEBTOR CERTIFIES THAT NO
REPRESENTATIVE, AGENT OR ATTORNEY OF SECURED PARTY HAS PRESENTED,
EXPRESSLY OR OTHERWISE, THAT SECURED PARTY WOULD NOT, IN THE EVENT OF
LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER. THIS WAIVER
CONSTITUTES A MATERIAL INDUCEMENT FOR SECURED PARTY TO ENTER INTO THIS
AMENDMENT NO. 7.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 7 as
of the day and year first above written.
BANK OF AMERICA,
N.A.,
as successor by
merger to Fleet National Bank
Martha Novak
Name: Martha Novak
Title:
Senior Vice President
MISONIX, INC.
Michael A. McManus, Jr
Name:
Michael A. McManus, Jr.
Title: President and Chief Executive
Officer