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HOLDER SHALL FIND IT NECESSARY AND DESIRABLE AND THIS SEVENTH AMENDED AND
RESTATED FACILITY D NOTE SHALL BE A SUFFICIENT WARRANT THEREFOR. THE HOLDER
HEREOF MAY CONFESS ONE OR MORE JUDGMENTS IN THE SAME OR DIFFERENT JURISDICTIONS
FOR ALL OR ANY PART OF THE AMOUNT OWING HEREUNDER, WITHOUT REGARD TO WHETHER
JUDGMENT HAS THERETOFORE BEEN CONFESSED ON MORE THAN ONE OCCASION FOR THE SAME
AMOUNT. IN THE EVENT ANY JUDGMENT CONFESSED AGAINST ANY BORROWER HEREUNDER IS
STRICKEN OR OPENED UPON APPLICATION BY OR ON SUCH BORROWER'S BEHALF FOR ANY
REASON, HOLDER IS HEREBY AUTHORIZED AND EMPOWERED TO AGAIN APPEAR FOR AND
CONFESS JUDGMENT AGAINST SUCH BORROWER FOR ANY PART OR ALL OF THE AMOUNTS OWING
HEREUNDER, AS PROVIDED FOR HEREIN, IF DOING SO WILL CURE ANY ERRORS OR DEFECTS
IN SUCH PRIOR PROCEEDINGS.
WAIVER OF TRIAL BY JURY. EACH BORROWER EXPRESSLY, KNOWINGLY AND VOLUNTARILY
WAIVES ALL BENEFIT AND ADVANTAGE OF ANY RIGHT TO A TRIAL BY JURY, AND IT WILL
NOT AT ANY TIME INSIST UPON, OR PLEAD OR IN ANY MANNER WHATSOEVER CLAIM OR TAKE
THE BENEFIT OR ADVANTAGE OF A TRIAL BY JURY IN ANY ACTION ARISING IN CONNECTION
WITH THIS SEVENTH AMENDED AND RESTATED FACILITY D NOTE, THE LOAN AGREEMENT OR
ANY OF THE OTHER LOAN DOCUMENTS.
Borrowers Initials
/s/ JCR
/s/ JCR
/s/ JCR
/s/ JCR
/s/ JCR
/s/ JCR
(Remainder of page intentionally left blank - continued on the following page)
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NOTICE - BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL.
IF YOU DO NOT PAY ON TIME A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR
PRIOR KNOWLEDGE AND THE POWERS OF A COURT CAN BE USED AGAINST THE CREDITOR
WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON ITS PART TO COMPLY WITH THE
AGREEMENT, OR ANY OTHER CAUSE.
IN WITNESS WHEREOF, and intending to be jointly and severally and legally
bound hereby, each Borrower, by its duly authorized officers, has executed,
issued and delivered this Seventh Amended and Restated Facility D Note in
Pittsburgh, Pennsylvania on the day and year written above.
ATTEST:
PDG Environmental, Inc.
By:
/s/ John C. Regan
Secretary
Title:
Chairman
ATTEST:
Project Development Group, Inc.
By:
/s/ John C. Regan
Secretary
Title:
President
ATTEST:
Enviro-Tech Abatement Services, Co.
By:
/s/ John C. Regan
Secretary
Title:
President
ATTEST:
PDG, Inc.
By:
/s/ John C. Regan
Secretary
Title:
President
ATTEST:
Flagship Restoration, Inc.
By:
/s/ John C. Regan
Secretary
Title:
President
ATTEST:
Servestec, Inc.
By:
/s/ John C. Regan
Secretary
Title:
President
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