Aarons 2015 Annual Report Download - page 108

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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 $41,031,423.90, 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 conditions of the Loan Agreement and Credit Documents are hereby ratified
and confirmed and continue unchanged and in full force and effect. All references to the Loan Agreement shall mean the Loan
Agreement as modified by this Amendment.
8. Governing Law. This Amendment, the Loan Agreement, the Credit Documents and the transactions contemplated hereby
or thereby, and any claim, controversy, or dispute arising out of or relating to this Amendment, the Loan Agreement, the Credit
Documents and the transactions contemplated hereby or thereby shall be governed by, construed and enforced in accordance with the
laws of the State of Iowa, excluding its conflict of law rules.
9. Counterparts. This Amendment may be executed in any number of counterparts, each of which when so executed shall be
deemed to be an original, and such counterparts together shall constitute one and the same respective agreement. Signature by facsimile
or PDF shall also bind the parties hereto.
[SIGNATURES ON FOLLOWING PAGES]
116549.01130/101994117v.1