STATES FEDERAL OR ILLINOIS STATE COURT SITTING IN CHICAGO IN ANY ACTION OR
PROCEEDING ARISING OUT OF OR RELATING TO ANY OF THE LOAN DOCUMENTS AND THE
GENERAL PARTNER AND THE BORROWER EACH HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS
IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN ANY SUCH
COURT AND IRREVOCABLY WAIVES ANY OBJECTION IT MAY NOW OR HEREAFTER HAVE AS TO
THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN SUCH A COURT OR THAT
SUCH COURT IS AN INCONVENIENT FORUM.
NOTHING HEREIN SHALL LIMIT THE RIGHT OF
THE ADMINISTRATIVE AGENT OR ANY LENDER TO BRING PROCEEDINGS AGAINST THE GENERAL
PARTNER OR THE BORROWER IN THE COURTS OF ANY OTHER JURISDICTION.
ANY JUDICIAL
PROCEEDING BY THE GENERAL PARTNER OR THE BORROWER AGAINST THE ADMINISTRATIVE
AGENT OR ANY LENDER OR ANY
51
AFFILIATE OF THE ADMINISTRATIVE AGENT OR ANY LENDER INVOLVING, DIRECTLY OR
INDIRECTLY, ANY MATTER IN ANY WAY ARISING OUT OF, RELATED TO, OR CONNECTED WITH
ANY LOAN DOCUMENT SHALL BE BROUGHT ONLY IN A COURT IN CHICAGO, ILLINOIS.
10.14.
WAIVER OF JURY TRIAL.
THE GENERAL PARTNER, THE BORROWER, THE
ADMINISTRATIVE AGENT AND EACH LENDER HEREBY WAIVE TRIAL BY JURY IN ANY JUDICIAL
PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER (WHETHER SOUNDING IN
TORT, CONTRACT OR OTHERWISE) IN ANY WAY ARISING OUT OF, RELATED TO, OR CONNECTED
WITH ANY LOAN DOCUMENT OR THE RELATIONSHIP ESTABLISHED THEREUNDER.
10.15.
AGENT RESPONSIBILITIES.
BORROWER, THE ADMINISTRATIVE AGENT AND EACH
LENDER ACKNOWLEDGES AND AGREES THAT THE OBLIGATIONS OF THE ADMINISTRATIVE AGENT
(COLLECTIVELY, THE "OTHER AGENTS") HEREUNDER SHALL BE LIMITED TO THOSE
OBLIGATIONS THAT ARE EXPRESSLY SET FORTH HEREIN, IF ANY, OR IN ANY OTHER WRITTEN
AGREEMENT WITH SUCH PARTIES, AND THE OTHER AGENTS SHALL NOT BE REQUIRED TO TAKE
ANY OTHER ACTION OR ASSUME ANY LIABILITY EXCEPT AS MAY BE REQUIRED IN THEIR
CAPACITY AS A LENDER HEREUNDER.
BORROWER, THE ADMINISTRATIVE AGENT AND EACH
LENDER AGREES THAT THE INDEMNIFICATIONS SET FORTH HEREIN FOR THE BENEFIT OF THE
ADMINISTRATIVE AGENT SHALL ALSO RUN TO THE BENEFIT OF EACH OTHER AGENT TO THE
EXTENT SUCH OTHER AGENT INCURS ANY LOSS, COST OR DAMAGE ARISING FROM ITS AGENCY
CAPACITY HEREUNDER.
10.16.
USA PATRIOT ACT NOTIFICATION.
THE FOLLOWING NOTIFICATION IS
PROVIDED TO BORROWER PURSUANT TO SECTION 326 OF THE USA PATRIOT ACT OF 2001, 31
U.S.C. SECTION 5318:
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT.
To help the
government fight the funding of terrorism and money laundering activities,
Federal law requires all financial institutions to obtain, verify, and record
information that identifies each person or entity that opens an account,
including any deposit account, treasury management account, loan, other
extension of credit, or other financial services product.
What this means for
Borrower:
When Borrower opens an account, if Borrower is an individual,
Administrative Agent and the Lenders will ask for Borrower's name, residential
address, tax identification number, date of birth, and other information that
will allow Administrative Agent and the Lenders to identify Borrower, and, if
Borrower