APPROVAL, DECLARATION
OR OTHER COMMUNICATION TO ANY PERSON (OTHER THAN BORROWER OR AGENT) DESIGNATED
IN ANNEX I TO RECEIVE COPIES SHALL IN NO WAY ADVERSELY AFFECT THE EFFECTIVENESS
OF SUCH NOTICE, DEMAND, REQUEST, CONSENT, APPROVAL, DECLARATION OR OTHER
COMMUNICATION.
11.11
SECTION TITLES.
THE SECTION TITLES AND TABLE OF
CONTENTS CONTAINED IN THIS AGREEMENT ARE AND SHALL BE WITHOUT SUBSTANTIVE
MEANING OR CONTENT OF ANY KIND WHATSOEVER AND ARE NOT A PART OF THE AGREEMENT
BETWEEN THE PARTIES HERETO.
11.12
COUNTERPARTS.
THIS AGREEMENT MAY BE EXECUTED IN ANY
NUMBER OF SEPARATE COUNTERPARTS, EACH OF WHICH SHALL COLLECTIVELY AND SEPARATELY
CONSTITUTE ONE AGREEMENT.
11.13
WAIVER OF JURY TRIAL.
BECAUSE DISPUTES ARISING IN
CONNECTION WITH COMPLEX FINANCIAL TRANSACTIONS ARE MOST QUICKLY AND ECONOMICALLY
RESOLVED BY AN EXPERIENCED AND EXPERT PERSON AND THE PARTIES WISH APPLICABLE
STATE AND FEDERAL LAWS TO APPLY (RATHER THAN ARBITRATION RULES), THE PARTIES
DESIRE THAT THEIR DISPUTES BE RESOLVED BY A JUDGE APPLYING SUCH APPLICABLE
LAWS.
THEREFORE, TO ACHIEVE THE BEST COMBINATION OF THE BENEFITS OF THE
JUDICIAL SYSTEM AND OF ARBITRATION, THE PARTIES HERETO WAIVE TO THE FULLEST
EXTENT PERMITTED BY LAW ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, OR
PROCEEDING BROUGHT TO RESOLVE ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR
OTHERWISE, AMONG AGENT, LENDERS AND ANY CREDIT PARTY ARISING OUT OF, CONNECTED
WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN
CONNECTION WITH, THIS
74
AGREEMENT OR ANY OF THE OTHER LOAN DOCUMENTS OR THE TRANSACTIONS RELATED
THERETO.
11.14
PRESS RELEASES AND RELATED MATTERS.
EACH CREDIT PARTY
EXECUTING THIS AGREEMENT AGREES THAT NEITHER IT NOR ITS AFFILIATES WILL IN THE
FUTURE ISSUE ANY PRESS RELEASES OR OTHER PUBLIC DISCLOSURE USING THE NAME OF GE
CAPITAL OR ITS AFFILIATES OR REFERRING TO THIS AGREEMENT, THE OTHER LOAN
DOCUMENTS WITHOUT AT LEAST TWO (2) BUSINESS DAYS' PRIOR NOTICE TO GE CAPITAL AND
WITHOUT THE PRIOR WRITTEN CONSENT OF GE CAPITAL UNLESS (AND ONLY TO THE EXTENT
THAT) SUCH CREDIT PARTY OR AFFILIATE IS REQUIRED TO DO SO UNDER LAW AND THEN, IN
ANY EVENT, SUCH CREDIT PARTY OR AFFILIATE WILL CONSULT WITH GE CAPITAL BEFORE
ISSUING ANY PRESS RELEASE.
EACH CREDIT PARTY CONSENTS TO THE PUBLICATION BY
AGENT OR ANY LENDER OF A TOMBSTONE OR SIMILAR ADVERTISING MATERIAL RELATING TO
THE FINANCING TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.
AGENT OR SUCH LENDER
SHALL PROVIDE A DRAFT OF ANY SUCH TOMBSTONE OR SIMILAR ADVERTISING MATERIAL TO
EACH CREDIT PARTY FOR REVIEW AND COMMENT PRIOR TO THE PUBLICATION THEREOF.
AGENT RESERVES THE RIGHT TO PROVIDE TO INDUSTRY TRADE ORGANIZATIONS INFORMATION
NECESSARY AND CUSTOMARY FOR INCLUSION IN LEAGUE TABLE MEASUREMENTS.
11.15
REINSTATEMENT.
THIS AGREEMENT SHALL REMAIN IN FULL
FORCE AND EFFECT AND CONTINUE TO BE EFFECTIVE SHOULD ANY PETITION BE FILED BY OR
AGAINST ANY CREDIT PARTY FOR LIQUIDATION OR REORGANIZATION, SHOULD ANY CREDIT
PARTY BECOME INSOLVENT OR MAKE AN ASSIGNMENT FOR THE BENEFIT OF ANY CREDITOR OR
CREDITORS OR SHOULD A RECEIVER OR TRUSTEE BE APPOINTED FOR ALL OR ANY
SIGNIFICANT PART OF ANY