BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY NOT A SATURDAY, A
SUNDAY, A LEGAL HOLIDAY OR A DAY ON WHICH BANKING INSTITUTIONS ARE AUTHORIZED BY
LAW TO CLOSE.
8.19
ENTIRE AGREEMENT.
THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS EXECUTED
AND DELIVERED CONTEMPORANEOUSLY HEREWITH, TOGETHER WITH THE EXHIBITS ATTACHED
HERETO AND THERETO, CONSTITUTE THE ENTIRE UNDERSTANDING OF THE PARTIES WITH
RESPECT TO THE SUBJECT MATTER HEREOF, AND ANY OTHER PRIOR OR CONTEMPORANEOUS
AGREEMENTS, WHETHER WRITTEN OR ORAL, WITH RESPECT THERETO ARE EXPRESSLY
SUPERSEDED HEREBY. THE EXECUTION OF THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS
BY BORROWER, THE BANK, AND THE OTHER SUBSIDIARIES WAS NOT BASED UPON ANY FACTS
OR MATERIALS PROVIDED BY LENDER, NOR WAS BORROWER, THE BANK, AND THE OTHER
SUBSIDIARIES INDUCED TO EXECUTE THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT BY ANY
REPRESENTATION, STATEMENT OR ANALYSIS MADE BY LENDER. IN THE EVENT THAT THE
PROVISIONS OF THIS LOAN AGREEMENT SHALL CONFLICT WITH PROVISIONS OF ANY OF THE
OTHER LOAN DOCUMENTS, THE PROVISIONS OF THIS AGREEMENT SHALL CONTROL.
This written Loan Agreement represents the final agreement between
the parties and may not be contradicted by evidence of prior, contemporaneous,
or subsequent oral agreements of the parties.
There are no unwritten oral
agreements between the parties.
8.20
CONSENT.
BORROWER, THE BANK, AND THE OTHER SUBSIDIARIES HEREBY
REPRESENT AND WARRANT THAT TO THE BEST OF BORROWER'S KNOWLEDGE THERE IS NO
CONSENT FROM ANY LENDER OR CREDITOR NEEDED TO PREVENT BORROWER, THE BANK, OR THE
OTHER SUBSIDIARIES FROM BEING IN DEFAULT BY BORROWER EXECUTING THE NOTES OR
BORROWER, THE BANK, AND THE OTHER SUBSIDIARIES EXECUTING, THIS LOAN AGREEMENT OR
ANY OTHER LOAN DOCUMENT ASSOCIATED WITH THIS LOAN.
8.21
WAIVER OF RIGHT TO TRIAL BY JURY.
EACH PARTY TO THIS AGREEMENT
HEREBY EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION
OR CAUSE OF ACTION (A) ARISING UNDER THIS AGREEMENT OR ANY OTHER INSTRUMENT,
DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH, OR (B) IN
ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES
HERETO OR ANY OF THEM WITH RESPECT TO THIS AGREEMENT OR ANY OTHER INSTRUMENT,
DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH, OR THE
TRANSACTIONS RELATED HERETO OR THERETO, IN EACH CASE WHETHER NOW EXISTING OR
HEREAFTER ARISING; 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 AGREEMENT MAY FILE AN ORIGINAL COUNTERPART OR
A COPY OF THIS SECTION WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE
PARTIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY.
8.22
FURTHER ASSURANCES.
BORROWER AGREES TO FURNISH A CURRENT FINANCIAL
STATEMENT UPON THE REQUEST OF LENDER FROM TIME TO TIME, AND FURTHER AGREES TO
EXECUTE AND DELIVER ALL OTHER INSTRUMENTS AND TAKE SUCH OTHER ACTIONS AS LENDER
MAY FROM TIME TO TIME REASONABLY REQUEST IN ORDER TO CARRY OUT THE PROVISIONS
AND