APPLICABLE LAW)
ANY OBJECTION WHICH IT NOW OR HEREAFTER MAY HAVE TO THE LAYING OF VENUE OF ANY
SUCH ACTION OR PROCEEDING BROUGHT IN ANY OF THE FOREGOING COURTS, AND ANY
OBJECTION ON THE GROUND THAT ANY SUCH ACTION OR PROCEEDING IN ANY SUCH COURT HAS
BEEN BROUGHT IN AN INCONVENIENT FORUM; AND (D) AGREES THAT A FINAL JUDGMENT IN
ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER
JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PERMITTED BY LAW.
16.3
EACH OF BORROWERS, ADMINISTRATIVE LENDER AND
LENDERS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY
WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, COUNTERCLAIM OR
OTHER LITIGATION IN ANY WAY ARISING OUT OF OR RELATING TO THIS FOURTH AMENDMENT,
ANY OTHER OF THE LOAN DOCUMENTS OR ANY OF THE TRANSACTIONS OR EVENTS REFERENCED
HEREIN OR THEREIN OR CONTEMPLATED HEREBY OR THEREBY, WHETHER WITH RESPECT TO
CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE.
THIS WAIVER SHALL APPLY TO ANY
SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO ANY OF THE LOAN
DOCUMENTS.
A COPY OF THIS SECTION MAY BE FILED WITH ANY COURT AS WRITTEN
EVIDENCE OF THE WAIVER OF THE RIGHT TO TRIAL BY JURY AND THE CONSENT TO TRIAL BY
COURT.
16.4
This Fourth Amendment shall be governed by and
construed in accordance with the laws of the State of Oregon, without regard to
the conflicts of laws provisions thereof.
UNDER OREGON LAW, MOST AGREEMENTS, PROMISES AND COMMITMENTS MADE BY ANY LENDER
OR ADMINISTRATIVE LENDER CONCERNING LOANS AND OTHER CREDIT EXTENSIONS WHICH ARE
NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES OR SECURED SOLELY BY THE
BORROWER'S RESIDENCE MUST BE IN WRITING, EXPRESS CONSIDERATION AND BE SIGNED BY
SUCH LENDER OR ADMINISTRATIVE LENDER TO BE ENFORCEABLE.
[INTENTIONALLY LEFT BLANK]
6
IN WITNESS WHEREOF, Borrowers, Lenders and Administrative Lender have executed
this Waiver Agreement and Fourth Amendment as of the date first above written.
MONACO COACH CORPORATION
SIGNATURE MOTORCOACH RESORTS,
INC.
By:
/s/: P. Martin Daley
By:
/s/: John Nepute
Title: VP/CFO/Treasurer
Title: VP/Treasurer
OUTDOOR RESORTS MOTORCOACH
COUNTRY CLUB, INC.
OUTDOOR RESORTS OF LAS VEGAS,
INC.
By:
/s/: P. Martin Daley
By:
/s/: P. Martin Daley
Title: VP/CFO/Treasurer and Director
Title: VP/CFO/Treasurer and Director
NAPLES MOTORCOACH RESORT, INC.
R-VISION HOLDINGS LLC
By:
/s/: P. Martin Daley
By:
/s/: P. Martin Daley
Title: VP/CFO/Treasurer and Director
Title: VP/Treasurer
R-VISION, INC.
R-VISION MOTORIZED LLC
By: R-Vision Holdings LLC, its manager
By:
/s/: P. Martin Daley
By:
/s/: P. Martin Daley
Title: VP/Treasurer
Title: VP/Treasurer
BISON MANUFACTURING, LLC
ROADMASTER LLC
By: R-Vision Holdings LLC, its manager
By: R-Vision Holdings LLC, its manager
By:
/s/: P. Martin Daley
By:
/s/: P. Martin Daley
Title: VP/Treasurer
Title: VP/Treasurer
7
LA QUINTA MOTORCOACH RESORT,
INC.
PORT OF THE ISLES MOTORCOACH
RESORT, INC.
By:
/s/: P. Martin Daley
By:
/s/: P. Martin Daley
Title: VP/CFO/Treasurer and Director
Title: VP/Treasurer
SIGNATURE RESORTS OF MICHIGAN,
INC.
U.S. BANK NATIONAL ASSOCIATION
By:
/s/: P. Martin Daley