Aarons 2015 Annual Report Download - page 102

(d) No Event of Default or Default has occurred under the Loan Agreement or any of the other Credit Documents.
4. Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no
manner impair, limit, restrict or otherwise affect the obligations of Borrowers or any third party to Agent and Lenders as evidenced by
the Credit Documents. Borrowers hereby acknowledge, agree, and represent that (a) as of the date of this Amendment, there are no
claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Documents or the other obligations
created or evidenced by the Credit Documents; (b) as of the date of this Amendment, no Borrower has any claims, offsets, defenses or
counterclaims arising from any of Agent’s or any existing or prior Lender’s acts or omissions with respect to the Credit Documents or
Agent’s or any existing or prior Lender’s performance under the Credit Documents; and (c) Borrowers promise to pay to the order of
Agent and Lenders the indebtedness evidenced by the Notes according to the terms thereof. In consideration of the modification of
certain provisions of the Credit Documents, all as herein provided, and the other benefits received by Borrowers hereunder, Borrowers
hereby RELEASE, RELINQUISH and forever DISCHARGE Agent and Lenders, and their predecessors, successors, assigns,
shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the
“Released Parties”), of and from any and all present claims, demands, actions and causes of action of any and every kind or character,
whether known or unknown, which a Borrower has or may have against Released Parties arising out of or with respect to any and all
transactions relating to the Loan Agreement, the Notes, and the other Credit Documents occurring prior to the date hereof.
5. Collateral. As security for the payment of the Obligations and satisfaction by Borrowers of all covenants and undertakings
contained in the Loan Agreement and the Credit Documents, Borrowers reconfirm the prior security interest and lien on, upon and to,
its Collateral, whether now owned or hereafter acquired, created or arising and wherever located. Borrowers hereby confirm and agree
that all security interests and Liens granted to Agent for the ratable benefit of Lenders continue in full force and effect and shall
continue to secure the Obligations. All Collateral remains free and clear of any Liens other than Permitted Liens. Nothing herein
contained is intended to in any manner impair or limit the validity, priority and extent of Agent’s existing security interest in and Liens
upon the Collateral.
6. Acknowledgment of Indebtedness and Obligations. Borrowers hereby acknowledge and confirm that, as of the date hereof,
Borrowers are indebted to Agent and Lenders, without defense, setoff or counterclaim, under the Loan Agreement (in addition to any
other indebtedness or obligations owed by Borrowers with respect to Bank Products owing to Agent and Wells Fargo Affiliates) in the
aggregate principal amount of $42,031,423.90, plus with respect to an issued an outstanding Letter of Credit in the face amount of
$2,000,000, plus continually accruing interest and all fees, costs, and expenses owing under the Loan Agreement, including reasonable
attorneys’ fees, incurred through the date hereof.
7. Ratification of Credit Documents. This Amendment shall be incorporated into and deemed a part of the Loan Agreement.
Except as expressly set forth herein, all of the terms and
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