executed counterpart of such Loan
Document.
19.22
Joint and Several.
The obligations of the Obligors under this
Agreement shall be joint and several obligations.
19.23
Limitation on Damages.
The Obligors and Bank agree that, in any
action, suit or proceeding, in respect of or arising out of this Agreement, the
Loan Documents or the transactions contemplated hereunder, each mutually waives
to the fullest extent permitted by law, any claim for consequential, punitive or
special damages.
19.24
Waiver of Right to Trial by Jury.
THE OBLIGORS AND BANK WAIVE ANY
RIGHT TO TRIAL BY JURY ON ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION (a)
ARISING UNDER ANY OF THE LOAN DOCUMENTS OR (b) IN ANY WAY CONNECTED WITH OR
RELATED OR INCIDENTAL TO THE DEALINGS OF THE OBLIGORS OR BANK WITH RESPECT TO
ANY OF THE LOAN DOCUMENTS OR THE TRANSACTIONS RELATED HERETO OR THERETO, IN EACH
CASE WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.
THE OBLIGORS AND BANK
AGREE AND CONSENT THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL
BE DECIDED BY COURT TRIAL WITHOUT A JURY, AND THAT ANY PARTY TO THIS AGREEMENT
MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH ANY COURT AS
WRITTEN EVIDENCE OF THE CONSENT OF THE OBLIGORS AND BANK TO THE WAIVER OF THEIR
RIGHT TO TRIAL BY JURY.
THE OBLIGORS ACKNOWLEDGE THAT THEY HAVE HAD THE
OPPORTUNITY TO CONSULT WITH COUNSEL REGARDING THIS SECTION, THAT THEY FULLY
UNDERSTAND ITS TERMS, CONTENT AND EFFECT, AND THAT THEY VOLUNTARILY AND
KNOWINGLY AGREE TO THE TERMS OF THIS SECTION.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first above written.
BORROWER:
ACCESS TO MONEY, INC., a Delaware corporation
By:
/s/ Michael Dolan
Name/Title:
Michael Dolan, CFO
GUARANTORS:
TRM ATM ACQUISITION CORPORATION
By:
/s/ Michael Dolan
Name/Title:
Michael Dolan, CFO
LJR CONSULTING CORP.
By:
/s/ Michael Dolan
Name/Title:
Michael Dolan, CFO
TRM ATM CORPORATION
By:
/s/ Michael Dolan
Name/Title:
Michael Dolan, CFO
ACCESS TO MONEY-SL, INC.
By:
/s/ Michael Dolan
Name/Title:
Michael Dolan, CFO
BANK:
SOVEREIGN BANK
By:
/s/ Daniel R. Vereb
Name/Title:
Daniel R. Vereb, V.P.
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