THE OTHER LOAN PARTIES WAIVES ANY OBJECTION THAT IT MAY HAVE TO THE
LOCATION OF THE COURT IN WHICH THE ADMINISTRATIVE AGENT OR ANY LENDER MAY
COMMENCE A PROCEEDING DESCRIBED IN THIS SECTION.
85
(B)
SERVICE OF PROCESS.
EACH OF THE BORROWER AND THE OTHER LOAN
PARTIES IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS OF ANY OF THE
AFOREMENTIONED COURTS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES
THEREOF BY REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID, TO THE PROCESS AGENT
OR THE BORROWER'S OR SUCH LOAN PARTY'S NOTICE ADDRESS SPECIFIED BELOW, SUCH
SERVICE TO BECOME EFFECTIVE TEN (10) DAYS AFTER SUCH MAILING.
EACH OF THE
BORROWER AND THE OTHER LOAN PARTIES IRREVOCABLY WAIVES ANY OBJECTION (INCLUDING,
WITHOUT LIMITATION, ANY OBJECTION OF THE LAYING OF VENUE OR BASED ON THE GROUNDS
OF FORUM NON CONVENIENS) WHICH IT MAY NOW OR HEREAFTER HAVE TO THE BRINGING OF
ANY SUCH ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT, THE NOTES OR ANY
OTHER LOAN DOCUMENT IN ANY JURISDICTION SET FORTH ABOVE.
NOTHING HEREIN SHALL
AFFECT THE RIGHT TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR SHALL
LIMIT THE RIGHT OF THE ADMINISTRATIVE AGENT OR ANY LENDER TO BRING PROCEEDINGS
AGAINST THE BORROWER OR ANY OTHER LOAN PARTY IN THE COURTS OF ANY OTHER
JURISDICTION.
(C)
WAIVER OF JURY TRIAL.
EACH OF THE ADMINISTRATIVE AGENT, THE
LENDERS, THE BORROWER AND THE OTHER LOAN PARTIES IRREVOCABLY WAIVES TRIAL BY
JURY IN ANY ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT, THE NOTES OR
ANY OTHER LOAN DOCUMENT.
13.21
COUNTERPARTS; EFFECTIVENESS; INCONSISTENCIES.
THIS AGREEMENT AND
ANY AMENDMENTS, WAIVERS, CONSENTS, OR SUPPLEMENTS HERETO MAY BE EXECUTED IN
COUNTERPARTS, EACH OF WHICH WHEN SO EXECUTED AND DELIVERED SHALL BE DEEMED AN
ORIGINAL, BUT ALL SUCH COUNTERPARTS TOGETHER SHALL CONSTITUTE BUT ONE AND THE
SAME INSTRUMENT.
THIS AGREEMENT SHALL BECOME EFFECTIVE AGAINST THE BORROWER,
EACH OTHER LOAN PARTY, EACH LENDER AND THE ADMINISTRATIVE AGENT ON THE DATE
HEREOF WHEN EACH SUCH PARTY HERETO EXECUTES AND DELIVERS THIS AGREEMENT.
THIS
AGREEMENT AND EACH OF THE OTHER LOAN DOCUMENTS SHALL BE CONSTRUED TO THE EXTENT
REASONABLE TO BE CONSISTENT ONE WITH THE OTHER, BUT TO THE EXTENT THAT THE TERMS
AND CONDITIONS HEREOF ARE ACTUALLY INCONSISTENT WITH THE TERMS AND CONDITIONS OF
ANY OTHER LOAN DOCUMENT, THIS AGREEMENT SHALL GOVERN.
13.22
ENTIRE AGREEMENT.
THIS AGREEMENT, TAKEN TOGETHER WITH ALL OF THE
OTHER LOAN DOCUMENTS, EMBODIES THE ENTIRE AGREEMENT AND UNDERSTANDING AMONG THE
PARTIES HERETO AND SUPERSEDES ALL PRIOR AGREEMENTS AND UNDERSTANDINGS, WRITTEN
AND ORAL, RELATING TO THE SUBJECT MATTER HEREOF.
13.23
CONFIDENTIALITY.
(A)
THE LENDERS SHALL HOLD ALL NONPUBLIC INFORMATION OBTAINED FROM ANY
LOAN PARTY PURSUANT TO THIS AGREEMENT OR ANY OF THE OTHER LOAN DOCUMENTS IN
ACCORDANCE WITH SUCH LENDER'S CUSTOMARY PROCEDURES FOR HANDLING CONFIDENTIAL
INFORMATION OF THIS NATURE AND IN ACCORDANCE WITH SAFE AND SOUND BANKING
PRACTICES AND IN ANY EVENT ANY LENDER MAY MAKE DISCLOSURE (I) TO ITS AFFILIATES
OR TO ANY OTHER LENDER, (II) TO ITS ACCOUNTANTS, ATTORNEYS AND OTHER