BEHALF OF THE BORROWER AND CONSTITUTE THE
VALID AND BINDING OBLIGATIONS OF THE BORROWER.
4.
THE PARTIES HEREBY AGREE THAT (A)
EXCEPT AS HEREIN EXPRESSLY MODIFIED OR AS MAY BE MODIFIED OR AMENDED BY ANY
DOCUMENT EXECUTED CONCURRENTLY HEREWITH, ALL OF THE TERMS, CONDITIONS,
OBLIGATIONS AND PROVISIONS OF THE LOAN AGREEMENT AS AMENDED AND EACH OF THE
OTHER LOAN DOCUMENTS SHALL BE AND REMAIN IN FULL FORCE AND EFFECT, AND THE SAME
ARE HEREBY RATIFIED AND CONFIRMED IN ALL RESPECTS, EXCEPT THAT, TO THE EXTENT
THAT THERE SHALL BE ANY CONFLICT BETWEEN THE TERMS OF THIS AMENDMENT AND ANY OF
THE TERMS OF ANY OF THE OTHER LOAN DOCUMENTS NOT MODIFIED OR AMENDED
CONCURRENTLY HEREWITH, THE TERMS AND PROVISIONS OF THIS AMENDMENT SHALL GOVERN
AND EACH OF SUCH OTHER LOAN DOCUMENTS ARE DEEMED AUTOMATICALLY AMENDED AND
MODIFIED WITHOUT ANY FURTHER ACTION UPON THE EXECUTION AND DELIVERY OF THIS
AMENDMENT; AND (B) ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, EACH
REFERENCE IN THE LOAN AGREEMENT AS AMENDED TO "THIS AGREEMENT", "HEREUNDER",
"HEREOF", "HEREIN", OR WORDS OF LIKE IMPORT REFERRING TO THE LOAN AGREEMENT, AND
EACH REFERENCE TO THE "AGREEMENT", THE "LOAN AGREEMENT", THE "REVOLVING LOAN
AGREEMENT", "THEREUNDER", "THEREOF", "THEREIN", OR WORDS OF LIKE IMPORT
INTENDING TO REFER TO THE LOAN AGREEMENT IN THE REVOLVING NOTE OR ANY OF THE
OTHER LOAN DOCUMENTS SHALL MEAN AND BE A REFERENCE TO THE LOAN AGREEMENT AS
AMENDED, AS HEREBY AND HEREAFTER FURTHER AMENDED.
SIGNATURES FOLLOW ON NEXT PAGE
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment effective as
of the date first above written.
WITNESSES:
WACHOVIA BANK, NATIONAL ASSOCIATION
/s/ John Leatherwood, Jr.
By:
/s/ Alan T. Drennen, III
Print Name:
John Leatherwood, Jr.
Print Name:
Alan T. Drennen, III
Its:
Senior Vice President
KMG-BERNUTH, INC.
/s/ Amy Carpenter
By:
/s/ John V. Sobchak
Print Name:
Amy Carpenter
Print Name:
John V. Sobchak
Its:
Chief Financial Officer
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