RESPECT OF THIS
AGREEMENT OR ANY OTHER TRANSACTION DOCUMENT.
(C)
EACH PARTY HERETO HEREBY IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS
OUT OF ANY OF THE COURTS REFERRED TO IN SUBSECTION (B) ABOVE OF THIS SECTION
6.02 IN ANY SUCH SUIT, ACTION OR PROCEEDING BY THE MAILING OF COPIES THEREOF BY
REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID, RETURN RECEIPT REQUESTED, TO IT
AT ITS ADDRESS SET FORTH IN THIS AGREEMENT.
EACH PARTY HERETO HEREBY
IRREVOCABLY WAIVES ANY OBJECTION TO SUCH SERVICE OF PROCESS AND FURTHER
IRREVOCABLY WAIVES AND AGREES NOT TO PLEAD OR CLAIM IN ANY SUIT, ACTION OR
PROCEEDING COMMENCED HEREUNDER OR UNDER ANY OTHER TRANSACTION DOCUMENT THAT
SERVICE OF PROCESS WAS IN ANY WAY INVALID OR INEFFECTIVE.
NOTHING HEREIN SHALL
AFFECT THE RIGHT OF A PARTY TO SERVE PROCESS ON THE OTHER PARTY IN ANY OTHER
MANNER PERMITTED BY LAW.
13
SECTION 6.03
NOTICES.
ALL DEMANDS, NOTICES AND COMMUNICATIONS HEREUNDER SHALL
BE IN WRITING AND SHALL BE DEEMED TO HAVE BEEN DULY GIVEN IF PERSONALLY
DELIVERED AT OR MAILED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO (A) IN
THE CASE OF COMPUCREDIT, 245 PERIMETER CENTER PARKWAY, SUITE 600, ATLANTA,
GEORGIA 30346, ATTENTION: GENERAL COUNSEL (FACSIMILE NO. (770) 206-6187), AND
(B) IN THE CASE OF CB&T, 901 FRONT AVENUE, SUITE 202, COLUMBUS, GEORGIA 31901 OR
P.O. BOX 120, COLUMBUS, GEORGIA 31902-0120, ATTENTION:
PRESIDENT (FACSIMILE NO.
(706) 649-4808); OR, AS TO EACH PARTY, AT SUCH OTHER ADDRESS AS SHALL BE
DESIGNATED BY SUCH PARTY IN A WRITTEN NOTICE TO EACH OTHER PARTY.
SECTION 6.04
SEVERABILITY OF PROVISIONS.
IF ANY ONE OR MORE OF THE COVENANTS,
AGREEMENTS, PROVISIONS OR TERMS OF THIS AGREEMENT SHALL FOR ANY REASON
WHATSOEVER BE HELD INVALID, THEN SUCH COVENANTS, AGREEMENTS, PROVISIONS, OR
TERMS SHALL BE DEEMED SEVERABLE FROM THE REMAINING COVENANTS, AGREEMENTS,
PROVISIONS, AND TERMS OF THIS AGREEMENT AND SHALL IN NO WAY AFFECT THE VALIDITY
OR ENFORCEABILITY OF THE OTHER PROVISIONS OF THIS AGREEMENT.
SECTION 6.05
ASSIGNMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, THIS AGREEMENT MAY NOT BE ASSIGNED BY THE PARTIES HERETO WITHOUT THE
PRIOR WRITTEN CONSENT OF THE NON-ASSIGNING PARTY.
SECTION 6.06
FURTHER ASSURANCES.
CB&T AND COMPUCREDIT AGREE TO DO AND
PERFORM, FROM TIME TO TIME, ANY AND ALL ACTS AND TO EXECUTE ANY AND ALL FURTHER
INSTRUMENTS REQUIRED OR REASONABLY REQUESTED BY THE OTHER PARTY MORE FULLY TO
EFFECT THE PURPOSES OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE
EXECUTION OF ANY FINANCING STATEMENTS OR CONTINUATION STATEMENTS OR EQUIVALENT
DOCUMENTS RELATING TO THE COLLATERAL FOR FILING UNDER THE PROVISIONS OF THE UCC
OR OTHER LAW OF ANY APPLICABLE JURISDICTION AND TO PROVIDE PROMPT NOTIFICATION
TO THE OTHER PARTY OF ANY CHANGE OF THE PRINCIPAL EXECUTIVE OFFICE OF, OR THE
JURISDICTION OF ORGANIZATION OF, SUCH PARTY.
SECTION 6.07
NO WAIVER; CUMULATIVE REMEDIES.
NO FAILURE TO EXERCISE AND NO
DELAY IN EXERCISING, ON THE PART OF CB&T OR COMPUCREDIT, ANY RIGHT, REMEDY,
POWER OR PRIVILEGE HEREUNDER, SHALL OPERATE AS A WAIVER THEREOF; NOR SHALL ANY
SINGLE OR PARTIAL EXERCISE OF ANY RIGHT, REMEDY,