OF THIS AGREEMENT, ANY OF THE SUBORDINATED
DEBT DOCUMENTS OR ANY OF THE SENIOR DEBT DOCUMENTS.
EACH OF SUBORDINATED
CREDITOR AND SENIOR AGENT ACKNOWLEDGES THAT THIS WAIVER IS A MATERIAL INDUCEMENT
TO ENTER INTO A BUSINESS RELATIONSHIP, THAT EACH HAS RELIED ON THE WAIVER IN
ENTERING INTO THIS AGREEMENT AND THE SENIOR DEBT DOCUMENTS AND THAT EACH WILL
CONTINUE TO RELY ON THE WAIVER IN THEIR RELATED FUTURE DEALINGS.
EACH OF
SUBORDINATED CREDITOR AND SENIOR AGENT WARRANTS AND REPRESENTS THAT EACH HAS HAD
THE OPPORTUNITY OF REVIEWING THIS JURY WAIVER WITH LEGAL COUNSEL, AND THAT EACH
KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS.
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18
IN WITNESS WHEREOF, Subordinated Creditor and Senior Agent have caused this
Agreement to be executed as of the date first above written.
SUBORDINATED CREDITOR:
HY-TECH HOLDINGS, INC. a Delaware
corporation
By:
/s/ Joseph A. Molino, Jr.
Name:
Joseph A. Molino, Jr.
Title:
Vice President
SENIOR AGENT:
CAPITAL ONE LEVERAGE FINANCE
CORPORATION, as Senior Agent
By:
/s/ Michael S. Burns
Name:
Michael S. Burns
Title:
Senior Vice President
ACKNOWLEDGED AND AGREED
AS OF THE DATE HEREOF BY:
COMPANY:
HY-TECH MACHINE, INC.
By:
/s/ Joseph A. Molino, Jr.
Name:
Joseph A. Molino, Jr.
Title:
Vice President
SUBORDINATION AND INTERCREDITOR AGREEMENT
(Hy-Tech Holdings, Inc.)
Signature Page