Nautilus 2009 Annual Report Download - page 324

Section 11.11 Waiver of Various Matters; No Suretyship Defenses . Borrower hereby waives demand, protest, notice of protest,
notice of default (except to the extent specifically and expressly required under this Agreement or the other Loan Documents) or dishonor, notice
of payment and nonpayment, nonpayment at maturity, release, compromise, settlement, extension, modification, amendment, or renewal of
documents, instruments, chattel paper, and guarantees at any time held by Lender on which Borrower may in any way be liable. Borrower
acknowledges and agrees that its obligations to repay the amounts owed pursuant to the Note and this Agreement are direct and unconditional.
Borrower hereby waives any claim that it is merely a surety in respect of the Obligations and Borrower hereby waives any rights or defenses that
are (or might be) available to a surety in relation to this Agreement, the Note, the other Loan Documents, and the Obligations.
Section 11.12 USA Patriot Act Notice . Lender hereby notifies Borrower that pursuant to the requirements of the USA Patriot Act
(Title III of Pub. L. 107-56 (signed into law October 26, 2001)) (the “Patriot Act”), Lender is required to obtain, verify, and record information
that identifies Borrower, which information includes the name and address of Borrower and other information that will allow Lender to identify
Borrower in accordance with the Patriot Act.
Section 11.13 Entire Agreement . This Agreement, the Note, and the other Loan Documents set forth and constitute the entire
agreement among Lender and Borrower with respect to the Revolving Loans evidenced by the Note and the security for those Revolving Loans.
No oral promise or agreement of any kind or nature, other than those that have been reduced to writing and have been set forth in this
Agreement, the Note, or the other Loan Documents, has been made among Lender and Borrower with respect to the Revolving Loans evidenced
by the Note and the security for those Revolving Loans. Borrower acknowledges that Borrower has been represented by legal counsel in
connection with the negotiation and execution of this Agreement and the other Loan Documents. Borrower voluntarily executed this Agreement
and the other agreements and instruments referred to in this Agreement.
Section 11.14 Amendment . This Agreement, the Note, and the other Loan Documents may be amended or modified only by a
written agreement signed by authorized representatives of Borrower and Lender that by its terms expressly supersedes, modifies, amends, or
alters this Agreement (or another Loan Document, as applicable).
Section 11.15 Interpretation . This Agreement is a negotiated agreement. In the event of any ambiguity in this Agreement, such
ambiguity shall not be subject to a rule of contract interpretation that would cause the ambiguity to be construed against any of the parties to this
Agreement.
Section 11.16 Waiver . No waiver of any provision of this Agreement, the Note, or the other Loan Documents by Lender, or consent
by Lender to any failure by Borrower to comply with any provision of this Agreement, the Note, or the other Loan Documents shall be effective
unless the same shall be in writing and signed by Lender, and then such waiver or consent shall be effective only in the specific instance and for
the specific purpose for which given.
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