OR COURT ORDER UNDER ANY STATE OR FEDERAL LAW WITH RESPECT TO ANY AND ALL
PREJUDGMENT REMEDIES THE AGENT OR THE SECURED PARTY MAY EMPLOY TO ENFORCE ITS
RIGHTS AND REMEDIES HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS. FURTHER, IN
THE EVENT SECURED PARTY OR AGENT SEEKS TO TAKE POSSESSION OF ANY OR ALL OF ANY
OF SUCH GRANTOR'S PROPERTIES OR OTHER ASSETS BY COURT PROCESS OR OTHER METHOD
AVAILABLE UNDER THE LAW, SUCH GRANTOR IRREVOCABLY WAIVES, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, ANY BOND AND ANY SURETY OR SECURITY RELATING
THERETO REQUIRED BY ANY STATUTE, COURT RULE OR OTHERWISE AS AN INCIDENT TO SUCH
POSSESSION, AND WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY
DEMAND FOR POSSESSION PRIOR TO THE COMMENCEMENT OF ANY SUIT OR ACTION TO RECOVER
WITH RESPECT THERETO. SPECIFICALLY, EACH GRANTOR RECOGNIZES AND UNDERSTANDS THAT
THE EXERCISE OF SECURED PARTY'S AND AGENT'S RIGHTS DESCRIBED ABOVE MAY RESULT IN
THE ATTACHMENT OF OR LEVY AGAINST SUCH GRANTOR'S PROPERTY, AND, TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, SUCH WRIT FOR A PREJUDGMENT REMEDY WILL NOT
HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW OR OTHER JUDICIAL
OFFICER AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GRANTORS WILL
NOT HAVE THE RIGHT TO ANY NOTICE OR PRIOR HEARING WHERE GRANTORS MIGHT CONTEST
SUCH A PROCEDURE. THE INTENT OF THE GRANTORS IS TO GRANT TO SECURED PARTY FOR
GOOD AND VALUABLE CONSIDERATION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO EXPRESS ITS BELIEF
THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID AND CONSTITUTIONAL UNLESS A
COURT OF COMPETENT JURISDICTION SHOULD DETERMINE OTHERWISE. FURTHER, TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE GRANTORS HEREBY WAIVES
DEMAND, PRESENTMENT FOR PAYMENT, PROTEST, NOTICE OF PROTEST, NOTICE OF DISHONOR,
DILIGENCE IN COLLECTION, NOTICE OF NONPAYMENT OF THIS AGREEMENT AND ANY NOTES
AND ANY AND ALL NOTICES OF A LIKE NATURE. FURTHER, TO THE EXTENT NOT OTHERWISE
EXPRESSLY PROVIDED HEREIN, EACH OF THE GRANTORS EXPRESSLY WAIVES, TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, ALL DEFENSES OF SURETYSHIP OR IMPAIRMENT OF
COLLATERAL.
-16-
24. Additional Waivers; Jury Trial and Certain Damages. EACH OF THE PARTIES
HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A
JURY TRIAL WITH RESPECT TO ANY LITIGATION, ACTION OR CLAIM ARISING OUT OF ANY
DISPUTE IN CONNECTION WITH THIS SECURITY AGREEMENT, ANY RIGHTS OR OBLIGATIONS
HEREUNDER OR THE PERFORMANCE OF SUCH RIGHTS AND OBLIGATIONS OR ANY COURSE OF
CONDUCT, COURSE OF DEALINGS, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS
OF ANY PARTY, INCLUDING ANY COURSE OF CONDUCT, COURSE OF DEALINGS, STATEMENTS OR
ACTIONS OF THE AGENT OR ANY OTHER SECURED PARTY RELATING TO THIS SECURITY
AGREEMENT AND AGREES THAT IT WILL NOT SEEK TO CONSOLIDATE ANY SUCH ACTION WITH
ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. EACH OF
THE PARTIES AGREES THAT THE TERMS HEREOF SHALL SUPERSEDE