OF THE COLLATERAL, OR LENDER'S
INTEREST THEREIN PURSUANT TO THE PLEDGE AGREEMENT, OR ANY OTHER LOAN DOCUMENT.
SUCH SUMS SHALL INCLUDE INTEREST AT THE DEFAULT RATE (AS DEFINED IN THE NOTES)
ACCRUING FROM THE DATE LENDER REQUESTS SUCH REIMBURSEMENT UNTIL SUCH AMOUNT IS
PAID.
8.15
USURY.
IT IS THE INTENT OF THE PARTIES HERETO NOT TO VIOLATE ANY
FEDERAL OR STATE LAW, RULE OR REGULATION PERTAINING EITHER TO USURY OR TO THE
CONTRACTING FOR OR CHARGING OR COLLECTING OF INTEREST, AND BORROWER, THE BANK,
AND THE OTHER SUBSIDIARIES, AND LENDER AGREE THAT, SHOULD ANY PROVISION OF THIS
AGREEMENT, OR OF EITHER OF THE NOTES, OR OF ANY OTHER LOAN DOCUMENT OR ANY ACT
PERFORMED HEREUNDER OR THEREUNDER, VIOLATE ANY SUCH LAW, RULE OR REGULATION,
THEN THE EXCESS OF INTEREST CONTRACTED FOR OR CHARGED OR COLLECTED OVER THE
MAXIMUM LAWFUL RATE OF INTEREST SHALL BE APPLIED TO THE OUTSTANDING PRINCIPAL
INDEBTEDNESS DUE TO LENDER BY BORROWER UNDER THIS AGREEMENT, AND IF THE
PRINCIPAL INDEBTEDNESS HAS BEEN PAID IN FULL, ANY REMAINING EXCESS SHALL
FORTHWITH BE PAID TO BORROWER.
8.16
JURISDICTION AND VENUE.
BORROWER, THE BANK, AND THE OTHER
SUBSIDIARIES, AND LENDER AGREE, WITHOUT POWER OF REVOCATION, THAT ANY CIVIL SUIT
OR ACTION BROUGHT AGAINST THEM AS A RESULT OF , OR WHICH RELATES TO, ANY OF
THEIR OBLIGATIONS UNDER THIS AGREEMENT OR UNDER ANY OTHER LOAN DOCUMENT MAY BE
BROUGHT AGAINST THEM, JOINTLY OR SINGLY, IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF TENNESSEE, AND BORROWER, THE BANK, THE OTHER
SUBSIDIARIES, AND LENDER IRREVOCABLY SUBMIT TO THE JURISDICTION OF SUCH COURT
AND IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTIONS
THAT THEY MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF SUCH CIVIL
SUIT OR ACTION AND ANY CLAIM THAT SUCH CIVIL SUIT OR ACTION HAS BEEN BROUGHT IN
AN INCONVENIENT FORUM, AND BORROWER, THE BANK, AND THE OTHER SUBSIDIARIES, AND
LENDER AGREE THAT FINAL JUDGMENT IN ANY SUCH CIVIL SUIT OR ACTION SHALL BE
CONCLUSIVE AND BINDING UPON THEM AND SHALL BE ENFORCEABLE AGAINST THEM BY SUIT
UPON SUCH JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
8.17
CONSTRUCTION.
SHOULD ANY PROVISION OF THIS AGREEMENT REQUIRE JUDICIAL
INTERPRETATION, THE PARTIES HERETO AGREE THAT THE COURT INTERPRETING OR
CONSTRUING THE SAME SHALL NOT APPLY A PRESUMPTION THAT THE TERMS HEREOF SHALL BE
MORE STRICTLY CONSTRUED AGAINST ONE PARTY BY REASON OF THE RULE OF CONSTRUCTION
THAT A DOCUMENT IS TO BE MORE STRICTLY CONSTRUED AGAINST THE PARTY WHO ITSELF OR
THROUGH ITS AGENTS PREPARED THE SAME, IT BEING AGREED THAT BORROWER, LENDER AND
THEIR RESPECTIVE AGENTS HAVE PARTICIPATED IN THE PREPARATION HEREOF.
8.18
HOLIDAYS.
IN ANY CASE WHERE THE DATE FOR ANY ACTION REQUIRED TO BE
PERFORMED UNDER THIS AGREEMENT OR UNDER ANY OTHER LOAN DOCUMENT SHALL BE, IN THE
CITY WHERE THE PERFORMANCE IS TO BE MADE, A SATURDAY, A SUNDAY, A LEGAL HOLIDAY
OR A DAY ON WHICH BANKING INSTITUTIONS ARE AUTHORIZED BY LAW TO CLOSE, THEN SUCH
PERFORMANCE MAY