THE RIGHT OF ANY PARTY TO THIS AGREEMENT TO
SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY LAW.
SECTION 6.09. WAIVER OF JURY TRIAL. EACH PARTY HERETO HEREBY WAIVES, TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY
JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING
TO THIS AGREEMENT, ANY OTHER NOTES DOCUMENT OR THE TRANSACTIONS CONTEMPLATED
HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO
(A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS
REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE
EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES
THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS
AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS
SECTION.
SECTION 6.10. HEADINGS. ARTICLE AND SECTION HEADINGS AND THE TABLE OF CONTENTS
USED HEREIN ARE FOR CONVENIENCE OF REFERENCE ONLY, ARE NOT PART OF THIS
AGREEMENT AND ARE NOT TO AFFECT THE CONSTRUCTION OF, OR TO BE TAKEN INTO
CONSIDERATION IN INTERPRETING, THIS AGREEMENT.
SECTION 6.11. SECURITY INTEREST ABSOLUTE. ALL RIGHTS OF THE COLLATERAL AGENT
HEREUNDER, THE SECURITY INTEREST, THE GRANT OF A SECURITY INTEREST IN THE
PLEDGED COLLATERAL AND ALL OBLIGATIONS OF EACH GRANTOR HEREUNDER SHALL BE
ABSOLUTE AND UNCONDITIONAL IRRESPECTIVE OF (A) ANY LACK OF VALIDITY OR
ENFORCEABILITY OF THE INDENTURE, ANY OTHER NOTES DOCUMENT, ANY AGREEMENT WITH
RESPECT TO ANY OF THE NOTES OBLIGATIONS OR ANY OTHER AGREEMENT OR INSTRUMENT
RELATING TO ANY OF THE FOREGOING, (B) ANY CHANGE IN THE TIME, MANNER OR PLACE OF
PAYMENT OF, OR IN ANY OTHER TERM OF, ALL OR ANY OF THE NOTES OBLIGATIONS, OR ANY
OTHER AMENDMENT OR WAIVER OF OR ANY CONSENT TO ANY DEPARTURE FROM THE INDENTURE,
ANY OTHER NOTES DOCUMENT OR ANY OTHER AGREEMENT OR INSTRUMENT, (C) ANY EXCHANGE,
RELEASE OR NON-PERFECTION OF ANY LIEN ON OTHER COLLATERAL, OR ANY RELEASE OR
AMENDMENT OR WAIVER OF OR CONSENT UNDER OR DEPARTURE FROM ANY GUARANTEE,
SECURING OR GUARANTEEING ALL OR ANY OF THE NOTES OBLIGATIONS, OR (D) ANY OTHER
CIRCUMSTANCE THAT MIGHT OTHERWISE CONSTITUTE A DEFENSE AVAILABLE TO, OR A
DISCHARGE OF, ANY GRANTOR IN RESPECT OF THE NOTES OBLIGATIONS OR THIS AGREEMENT.
SECTION 6.12. TERMINATION OR RELEASE. (A)
THIS AGREEMENT, THE SECURITY INTEREST
AND ALL OTHER SECURITY INTERESTS GRANTED HEREBY SHALL TERMINATE WHEN ALL THE
NOTES OBLIGATIONS (OTHER THAN CONTINGENT OBLIGATIONS) HAVE BEEN INDEFEASIBLY
PAID IN FULL PURSUANT TO THE TERMS OF THE INDENTURE, AND THE TRUSTEE SHALL HAVE
INFORMED THE COLLATERAL AGENT THEREOF IN WRITING.
(B)
EXCEPT AS PROVIDED IN PARAGRAPH (A) OF THIS SECTION, RELEASES OF ANY
GRANTORS FROM THEIR OBLIGATIONS HEREUNDER, AND RELEASES OF COLLATERAL FROM THE
LIENS CREATED HEREBY, SHALL BE GOVERNED BY THE INDENTURE, INCLUDING
SECTION 11.03 THEREOF.
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(C)
IN CONNECTION WITH ANY SUCH TERMINATION OR RELEASE PURSUANT TO THIS
SECTION, THE COLLATERAL AGENT SHALL EXECUTE AND DELIVER TO ANY GRANTOR, AT