RECEIPT
REQUESTED, TO HOLDINGS' OR SUCH BORROWER'S ADDRESS REFERRED TO IN SECTION 10.02,
AS THE CASE MAY BE.
EACH OF HOLDINGS AND EACH BORROWER AGREES THAT SUCH SERVICE
(I) SHALL BE DEEMED IN EVERY RESPECT EFFECTIVE SERVICE OF PROCESS UPON IT IN ANY
SUCH SUIT, ACTION OR PROCEEDING AND (II) SHALL, TO THE FULLEST EXTENT PERMITTED
BY LAW, BE TAKEN AND HELD TO BE VALID PERSONAL SERVICE UPON AND PERSONAL
DELIVERY TO IT.
NOTHING IN THIS SECTION 10.17 SHALL AFFECT THE RIGHT OF ANY
LENDER TO SERVE PROCESS IN ANY MANNER PERMITTED BY LAW OR LIMIT THE RIGHT OF ANY
LENDER TO BRING PROCEEDINGS AGAINST HOLDINGS OR ANY BORROWER IN THE COURTS OF
ANY JURISDICTION OR JURISDICTIONS.
SECTION 10.18
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 ARISING UNDER ANY TERM LOAN DOCUMENT OR IN ANY WAY CONNECTED
WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO OR ANY OF
THEM WITH RESPECT TO ANY TERM LOAN DOCUMENT, OR THE TRANSACTIONS RELATED
THERETO, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER
FOUNDED IN CONTRACT OR TORT OR OTHERWISE; 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 SIGNATORIES HERETO TO THE WAIVER OF THEIR RIGHT
TO TRIAL BY JURY.
SECTION 10.19
USA PATRIOT ACT NOTICE; LENDERS' COMPLIANCE CERTIFICATION.
(A)
NOTICE TO BORROWERS.
EACH LENDER AND THE ADMINISTRATIVE AGENT
(FOR ITSELF AND NOT ON BEHALF OF ANY LENDER) HEREBY NOTIFIES HOLDINGS AND EACH
BORROWER THAT PURSUANT TO THE
109
REQUIREMENTS OF THE US PATRIOT ACT IT IS REQUIRED TO OBTAIN, VERIFY AND RECORD
INFORMATION THAT IDENTIFIES EACH OF HOLDINGS AND EACH BORROWER, WHICH
INFORMATION INCLUDES THE NAME AND ADDRESS OF EACH LOAN PARTY AND OTHER
INFORMATION THAT WILL ALLOW SUCH LENDER OR THE ADMINISTRATIVE AGENT, AS
APPLICABLE, TO IDENTIFY EACH SUCH LOAN PARTY IN ACCORDANCE WITH THE ACT.
(B)
LENDERS' CERTIFICATION.
EACH LENDER OR ASSIGNEE OR PARTICIPANT OF
A LENDER THAT IS NOT INCORPORATED UNDER THE LAWS OF THE UNITED STATES OR A STATE
THEREOF (AND IS NOT EXCEPTED FROM THE CERTIFICATION REQUIREMENT CONTAINED IN
SECTION 313 OF THE U.S. PATRIOT ACT AND THE APPLICABLE REGULATIONS BECAUSE IT IS
BOTH (I) AN AFFILIATE OF A DEPOSITORY INSTITUTION OR FOREIGN BANK THAT MAINTAINS
A PHYSICAL PRESENCE IN THE UNITED STATES OR FOREIGN COUNTRY AND (II) SUBJECT TO
SUPERVISION BY A BANKING REGULATORY AUTHORITY REGULATING SUCH AFFILIATED
DEPOSITORY INSTITUTION OR FOREIGN BANK) SHALL DELIVER TO THE ADMINISTRATIVE
AGENT THE CERTIFICATION OR, IF APPLICABLE, RECERTIFICATION, CERTIFYING THAT SUCH
LENDER IS NOT A "SHELL" AND CERTIFYING TO OTHER MATTERS AS REQUIRED BY
SECTION 313 OF THE U.S. PATRIOT ACT AND