undefined4. LOAN AGREEMENT, RATIFICATION, NO NOVATION. Except as expressly modified or
supplemented hereby, the Agreement and all agreements, instruments, and documents executed or delivered
pursuant thereto (collectively, the "Loan Documents") have remained and shall remain at all times in full force and
effect in accordance with their respective terms, and have not been novated by the provisions of this Amendment.
5. REPRESENTATIONS AND WARRANTIES. To induce Bank to enter into this Amendment and to perform
the transactions described herein, Borrower hereby represents and warrants to Bank that Borrower has re-
examined the Agreement and on and as of the date hereof:
(a) The representations and warranties made by the Borrower in Article III of the Agreement are correct and
complete as of the date of this Amendment, except to the extent written waivers have been provided by the
(b) There has been no material adverse change in the condition, financial or otherwise, of the Borrower since the
date of the most recent financial reports of the Borrower received by the Bank under Article 2.2 thereof, other
than changes in the ordinary course of business; and
(c) No event has occurred and no condition exists that, upon the consummation of the transaction contemplated
hereby, constitutes a default or an Event of Default on the part of the Borrower under the Agreement or any
Note, either immediately or with the lapse of time or the giving of notice, or both.
6. NO WAIVER BY BANK. The execution of this Amendment shall not constitute a waiver of any default or
Event of Default in the Agreement or any other Loan Document existing on the date hereof, nor shall it eliminate
any right which Bank may otherwise have to accelerate the indebtedness subject to the Agreement by virtue of
any default or Event of Default.
7. RELIANCE UPON, SURVIVAL OF, AND MATERIALITY OF REPRESENTATIONS AND
WARRANTIES, AGREEMENTS, AND COVENANTS. All representations and warranties, agreements, and
covenants made by Borrowe