LENDER MAY REQUIRE IN CONNECTION WITH THE MATTERS OR ACTIONS DESCRIBED HEREIN.
BORROWERS FURTHER COVENANT AND AGREE TO EXECUTE AND DELIVER TO LENDER OR TO
CAUSE TO BE EXECUTED AND DELIVERED AT THE SOLE COST AND EXPENSE OF BORROWERS,
FROM TIME TO TIME, ANY AND ALL OTHER DOCUMENTS, AGREEMENTS, STATEMENTS,
CERTIFICATES AND INFORMATION AS LENDER SHALL REASONABLY REQUEST TO EVIDENCE OR
EFFECT THE TERMS HEREOF, THE LOAN AGREEMENT, AS AMENDED, OR ANY OF THE OTHER
LOAN DOCUMENTS, OR TO ENFORCE OR TO PROTECT LENDER'S INTEREST IN THE
COLLATERAL.
ALL SUCH DOCUMENTS, AGREEMENTS, STATEMENTS, ETC., SHALL BE IN FORM
AND CONTENT ACCEPTABLE TO LENDER IN ITS REASONABLE SOLE DISCRETION.
12.
RELEASE.
BORROWERS AND GUARANTOR
ACKNOWLEDGE AND AGREE THAT THEY HAVE NO CLAIMS, SUITS OR CAUSES OF ACTION
AGAINST LENDER AND HEREBY REMISE, RELEASE AND FOREVER DISCHARGE LENDER AND ITS
OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS
FROM ANY CLAIMS, SUITS OR CAUSES OF ACTION WHATSOEVER, IN LAW OR EQUITY, WHICH
ANY BORROWER HAS OR MAY HAVE ARISING FROM ANY ACT, OMISSION OR OTHERWISE, AT ANY
TIME UP TO AND INCLUDING THE DATE OF THIS AMENDMENT.
13.
CERTAIN FEES, COSTS, EXPENSES AND
EXPENDITURES.
BORROWERS WILL PAY ALL OF THE LENDER'S EXPENSES IN CONNECTION
WITH THE REVIEW, PREPARATION, NEGOTIATION, DOCUMENTATION AND CLOSING OF THIS
AMENDMENT AND THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED HEREUNDER,
INCLUDING WITHOUT LIMITATION, FEES, DISBURSEMENTS, EXPENSES, APPRAISAL COSTS AND
FEES AND EXPENSES OF COUNSEL RETAINED BY LENDER AND ALL FEES RELATED TO FILINGS,
RECORDING OF DOCUMENTS AND SEARCHES, WHETHER OR NOT THE TRANSACTIONS
CONTEMPLATED HEREUNDER ARE CONSUMMATED.
NOTHING CONTAINED HEREIN SHALL LIMIT IN
ANY MANNER WHATSOEVER LENDER'S RIGHT TO REIMBURSEMENT UNDER ANY OF THE LOAN
DOCUMENTS.
14.
NO WAIVER.
LENDER HAS NOTIFIED BORROWERS
THAT AN EVENT OF DEFAULT HAS OCCURRED PURSUANT TO THAT CERTAIN LETTER DATED
MARCH 10, 2003.
NOTHING CONTAINED HEREIN CONSTITUTES AN AGREEMENT OR OBLIGATION
BY LENDER TO GRANT ANY FURTHER AMENDMENTS OR WAIVERS WITH RESPECT TO ANY OF THE
LOAN DOCUMENTS.
NOTHING CONTAINED IN THIS AMENDMENT CONSTITUTES A WAIVER OR
RELEASE BY LENDER OF ANY EVENT OF DEFAULT OR OF ANY RIGHTS OR REMEDIES AVAILABLE
TO LENDER UNDER THE LOAN DOCUMENTS OR AT LAW OR IN EQUITY.
5
15.
INCONSISTENCIES. TO THE EXTENT OF ANY
INCONSISTENCIES BETWEEN THE TERMS AND CONDITIONS OF THIS AMENDMENT AND THE TERMS
AND CONDITIONS OF THE LOAN AGREEMENT, THE TERMS AND CONDITIONS OF THIS AMENDMENT
SHALL PREVAIL. ALL TERMS AND CONDITIONS OF THE LOAN AGREEMENT NOT INCONSISTENT
HEREWITH SHALL REMAIN IN FULL FORCE AND EFFECT AND ARE HEREBY RATIFIED AND
CONFIRMED BY BORROWERS.
16.
CONSTRUCTION.
ANY CAPITALIZED TERMS USED IN
THIS AMENDMENT NOT OTHERWISE DEFINED SHALL HAVE THE MEANING AS SET FORTH IN THE
LOAN AGREEMENT.
17.
BINDING EFFECT.
THIS AMENDMENT, UPON DUE
EXECUTION HEREOF, SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF THE PARTIES
HERETO AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
18.
GOVERNING LAW.
THIS AMENDMENT SHALL BE
GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF
PENNSYLVANIA.
19.
SEVERABILITY.
THE PROVISIONS OF THIS