AND PRIOR TO THE DATE ON WHICH IT WOULD OTHERWISE BECOME DUE AND
PAYABLE, SUCH PAYMENT SHALL CONSTITUTE A VOLUNTARY PREPAYMENT OF THE SENIOR DEBT
FOR ALL PURPOSES UNDER THE CREDIT AGREEMENT.
60. REMEDIES. IN THE EVENT OF A BREACH BY ANY OF THE COMPANIES IN THE
PERFORMANCE OF ANY OF THE TERMS OF THIS AGREEMENT, THE ADMINISTRATIVE AGENT, ON
BEHALF OF THE LENDERS, MAY DEMAND SPECIFIC PERFORMANCE OF THIS AGREEMENT AND
SEEK INJUNCTIVE RELIEF AND MAY EXERCISE ANY OTHER REMEDY AVAILABLE AT LAW OR IN
EQUITY, IT BEING RECOGNIZED THAT THE REMEDIES OF THE ADMINISTRATIVE AGENT ON
BEHALF OF THE LENDERS AT LAW MAY NOT FULLY COMPENSATE THE ADMINISTRATIVE AGENT
ON BEHALF OF THE LENDERS FOR THE DAMAGES THEY MAY SUFFER IN THE EVENT OF A
BREACH HEREOF.
61. CONSENT TO JURISDICTION; WAIVER OF JURY TRIAL. EACH COMPANY HEREBY
IRREVOCABLY SUBMITS TO THE NONEXCLUSIVE JURISDICTION OF ANY PENNSYLVANIA STATE
OR FEDERAL COURT SITTING IN ALLEGHENY COUNTY, IN ANY ACTION OR PROCEEDING
ARISING OUT OF OR RELATING TO THIS AGREEMENT, AND EACH COMPANY HEREBY
IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY
BE HEARD AND DETERMINED IN SUCH PENNSYLVANIA STATE OR FEDERAL COURT. EACH
COMPANY HEREBY WAIVES TO THE FULLEST EXTENT IT MAY
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EFFECTIVELY DO SO, THE DEFENSE OF AN INCONVENIENT FORUM TO THE MAINTENANCE OF
ANY SUCH ACTION OR PROCEEDING. EACH COMPANY HEREBY APPOINTS THE PROCESS AGENT
IDENTIFIED BELOW (THE "PROCESS AGENT") AS ITS AGENT TO RECEIVE ON BEHALF OF SUCH
PARTY AND ITS RESPECTIVE PROPERTY SERVICE OF COPIES OF THE SUMMONS AND COMPLAINT
AND ANY OTHER PROCESS WHICH MAY BE SERVED IN ANY ACTION OR PROCEEDING. SUCH
SERVICE MAY BE MADE BY MAILING OR DELIVERING A COPY OF SUCH PROCESS TO THE
COMPANY IN CARE OF THE PROCESS AGENT AT THE PROCESS AGENT'S ADDRESS, AND EACH
COMPANY HEREBY AUTHORIZES AND DIRECTS THE PROCESS AGENT TO RECEIVE SUCH SERVICE
ON ITS BEHALF. EACH COMPANY AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR
PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS (OR
ANY POLITICAL SUBDIVISION THEREOF) BY SUIT ON THE JUDGMENT OR IN ANY OTHER
MANNER PROVIDED AT LAW. EACH COMPANY FURTHER AGREES THAT IT SHALL, FOR SO LONG
AS ANY COMMITMENT OR ANY OBLIGATION OF ANY LOAN PARTY TO ANY LENDER REMAINS
OUTSTANDING, CONTINUE TO RETAIN PROCESS AGENT FOR THE PURPOSES SET FORTH IN THIS
SECTION 24. THE PROCESS AGENT IS THE BORROWER, WITH AN OFFICE ON THE DATE HEREOF
AS SET FORTH IN THE CREDIT AGREEMENT. THE PROCESS AGENT HEREBY ACCEPTS THE
APPOINTMENT OF PROCESS AGENT BY THE COMPANIES AND AGREES TO ACT AS PROCESS AGENT
ON BEHALF OF THE COMPANIES.
62. EXCEPT AS PROHIBITED BY LAW, EACH COMPANY HEREBY WAIVES TRIAL BY A JURY IN
ANY ACTION, SUIT, PROCEEDING OR COUNTERCLAIM OF ANY KIND ARISING OUT OF THIS
AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE COLLATERAL TO THE FULLEST EXTENT
PERMITTED BY LAW.
63. NOTICES. ALL NOTICES, STATEMENTS, REQUESTS AND DEMANDS AND OTHER
COMMUNICATIONS