AGREEMENT OR ANY OTHER CREDIT DOCUMENT RELATED
HERETO.
EACH GRANTOR AND THE COLLATERAL AGENT WAIVES PERSONAL SERVICE OF ANY
SUMMONS, COMPLAINT OR OTHER PROCESS, WHICH MAY BE MADE BY ANY OTHER MEANS
PERMITTED BY THE LAW OF SUCH STATE.
20.
WAIVER OF RIGHT TO TRIAL BY JURY.
TO THE EXTENT PERMITTED BY
APPLICABLE LAW, EACH PARTY TO THIS SECURITY AGREEMENT HEREBY EXPRESSLY WAIVES
ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION
ARISING UNDER THIS SECURITY AGREEMENT OR ANY OTHER CREDIT DOCUMENT OR IN ANY WAY
CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO OR
ANY OF THEM WITH RESPECT TO THIS SECURITY AGREEMENT OR ANY OTHER CREDIT DOCUMENT
RELATED HERETO, OR THE TRANSACTIONS RELATED THERETO, IN EACH CASE WHETHER NOW
EXISTING OR HEREAFTER ARISING, AND WHETHER FOUNDED IN CONTRACT OR TORT OR
OTHERWISE; AND EACH PARTY HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM,
DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A
JURY, AND THAT ANY PARTY TO THIS SECURITY AGREEMENT MAY FILE AN ORIGINAL
COUNTERPART OR A COPY OF THIS SECTION WITH ANY COURT AS WRITTEN EVIDENCE OF THE
CONSENT OF THE SIGNATORIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY.
21.
SEVERABILITY.
IF ANY PROVISION OF THIS SECURITY AGREEMENT IS
DETERMINED TO BE ILLEGAL, INVALID OR UNENFORCEABLE, SUCH PROVISION SHALL BE
FULLY SEVERABLE AND THE REMAINING PROVISIONS SHALL REMAIN IN FULL FORCE AND
EFFECT AND SHALL BE CONSTRUED WITHOUT GIVING EFFECT TO THE ILLEGAL, INVALID OR
UNENFORCEABLE PROVISIONS.
22.
ENTIRETY.
THIS SECURITY AGREEMENT AND THE OTHER CREDIT DOCUMENTS
REPRESENT THE ENTIRE AGREEMENT OF THE PARTIES HERETO AND THERETO, AND SUPERSEDE
ALL PRIOR AGREEMENTS AND UNDERSTANDINGS, ORAL OR WRITTEN, IF ANY, INCLUDING ANY
COMMITMENT LETTERS OR CORRESPONDENCE RELATING TO THE CREDIT DOCUMENTS, ANY OTHER
DOCUMENTS RELATING TO THE OBLIGATIONS, OR THE TRANSACTIONS CONTEMPLATED HEREIN
AND THEREIN.
18
23.
SURVIVAL.
ALL REPRESENTATIONS AND WARRANTIES OF THE GRANTORS
HEREUNDER SHALL SURVIVE THE EXECUTION AND DELIVERY OF THIS SECURITY AGREEMENT
AND THE OTHER CREDIT DOCUMENTS, THE DELIVERY OF THE NOTES AND THE EXTENSION OF
CREDIT THEREUNDER OR IN CONNECTION THEREWITH.
24.
OTHER SECURITY.
TO THE EXTENT THAT ANY OF THE OBLIGATIONS ARE NOW
OR HEREAFTER SECURED BY PROPERTY OTHER THAN THE COLLATERAL (INCLUDING REAL
PROPERTY AND SECURITIES OWNED BY A GRANTOR), OR BY A GUARANTEE, ENDORSEMENT OR
PROPERTY OF ANY OTHER PERSON, THEN THE COLLATERAL AGENT SHALL HAVE THE RIGHT TO
PROCEED AGAINST SUCH OTHER PROPERTY, GUARANTEE OR ENDORSEMENT UPON THE
OCCURRENCE OF ANY EVENT OF DEFAULT, AND THE COLLATERAL AGENT SHALL HAVE THE
RIGHT, IN ITS SOLE DISCRETION, TO DETERMINE WHICH RIGHTS, SECURITY, LIENS,
SECURITY INTERESTS OR REMEDIES THE COLLATERAL AGENT SHALL AT ANY TIME PURSUE,
RELINQUISH, SUBORDINATE, MODIFY OR TAKE WITH RESPECT THERETO, WITHOUT IN ANY WAY
MODIFYING OR AFFECTING ANY OF THEM OR THE OBLIGATIONS OR ANY OF THE RIGHTS OF
THE COLLATERAL AGENT OR THE HOLDERS OF THE OBLIGATIONS UNDER THIS SECURITY
AGREEMENT, UNDER ANY OF