Nautilus 2007 Annual Report Download - page 209

8. Reference to and Effect on the Loan Documents .
(a) Upon and after the effectiveness of this Amendment, each reference in the Loan Agreement to “this Agreement”, “hereunder”,
“hereof” or words of like import referring to the Loan Agreement, and each reference in the other Loan Documents to “the Loan
Agreement”, “thereof” or words of like import referring to the Loan Agreement, shall mean and be a reference to the Loan Agreement as
modified and amended hereby.
(b) Except as specifically amended above, the Loan Agreement and all other Loan Documents, are and shall continue to be in full
force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable
obligations of Borrowers to Agent and the Lenders.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver
of any right, power or remedy of Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of
the Loan Documents.
(d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or
conditions of the Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or
amended accordingly to reflect the terms and conditions of the Loan Agreement as modified or amended hereby.
9. Ratification . Each Borrower hereby restates, ratifies and reaffirms each and every term and condition set forth in the Loan Agreement,
as amended hereby, and the Loan Documents effective as of the date hereof.
10. Estoppel
. To induce Lenders to enter into this Amendment and to continue to make advances to Borrowers under the Loan Agreement,
each Borrower hereby acknowledges and agrees that, as of the date hereof, there exists no right of offset, defense, counterclaim or objection in
favor of such Borrower as against Agent or any Lender with respect to the Obligations.
11. Integration . This Amendment, together with the other Loan Documents, incorporates all negotiations of the parties hereto with respect
to the subject matter hereof and is the final expression and agreement of the parties hereto with respect to the subject matter hereof.
12. Severability
. In case any provision in this Amendment shall be invalid, illegal or unenforceable, such provision shall be severable from
the remainder of this Amendment and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired thereby.
[Remainder of Page Left Intentionally Blank]
6