AND DELIVER TO THE LENDER ALL SUCH OTHER AND FURTHER INSTRUMENTS AND DOCUMENTS
AND TAKE OR CAUSE TO BE TAKEN ALL SUCH OTHER AND FURTHER ACTION AS THE LENDER
MAY REASONABLY REQUEST IN ORDER TO EFFECT AND CONFIRM OR VEST MORE SECURELY IN
THE LENDER ALL RIGHTS CONTEMPLATED IN THIS AGREEMENT.
9.2
WAIVER.
THE BORROWER MAY TAKE ANY ACTION HEREIN PROHIBITED OR
OMIT TO PERFORM ANY ACT REQUIRED TO BE PERFORMED BY THE BORROWER IF THE BORROWER
SHALL OBTAIN THE LENDER'S PRIOR WRITTEN CONSENT TO EACH SUCH ACTION, OR OMISSION
TO ACT.
NO WAIVER ON THE LENDER'S PART ON ANY ONE OCCASION SHALL BE DEEMED A
WAIVER ON ANY OTHER OCCASION.
THE LENDER SHALL NOT BE DEEMED TO HAVE WAIVED ANY
OF ITS RIGHTS HEREUNDER UNLESS SUCH WAIVER SHALL BE IN WRITING AND DULY SIGNED
BY AN AUTHORIZED OFFICER OF THE LENDER.
9.3
AMENDMENT.
THIS AGREEMENT MAY BE AMENDED ONLY BY AN INSTRUMENT IN
WRITING AND DULY SIGNED BY THE BORROWER AND THE LENDER.
9.4
ASSIGNMENT.
THE BORROWER'S RIGHTS AND OBLIGATIONS UNDER THIS
AGREEMENT SHALL NOT BE ASSIGNED, TRANSFERRED OR DELEGATED BY OPERATION OF LAW OR
OTHERWISE.
THE LENDER MAY, WITHOUT THE CONSENT OF THE BORROWER, ASSIGN OR
TRANSFER ITS RIGHTS OR DELEGATE OR TRANSFER ITS OBLIGATIONS SET FORTH IN THIS
LOAN AGREEMENT BY OPERATION OF LAW OR OTHERWISE
9
9.5
BINDING EFFECT.
ALL COVENANTS, AGREEMENTS, REPRESENTATIONS AND
WARRANTIES CONTAINED IN THIS AGREEMENT SHALL BIND THE BORROWER, ITS RESPECTIVE
SUCCESSORS AND PERMITTED ASSIGNS, AND SHALL INURE TO THE LENDER'S BENEFIT AND
THE BENEFIT OF THE LENDER'S SUCCESSORS AND PERMITTED ASSIGNS, WHETHER EXPRESSED
OR NOT.
9.6
RIGHTS.
ALL RIGHTS OF THE LENDER HEREUNDER SHALL BE CUMULATIVE.
THE LENDER SHALL NOT BE REQUIRED TO HAVE RECOURSE TO ANY COLLATERAL BEFORE
ENFORCING ITS RIGHTS OR REMEDIES AGAINST THE BORROWER.
THE BORROWER HEREBY
WAIVES PRESENTMENT, DEMAND AND PROTEST OF ANY INSTRUMENT AND ANY NOTICE THEREOF.
9.7
SEVERABILITY.
IF ANY PROVISIONS OF THIS AGREEMENT SHALL BE HELD
TO BE ILLEGAL OR UNENFORCEABLE, SUCH ILLEGALITY OR UNENFORCEABILITY SHALL RELATE
SOLELY TO SUCH PROVISION AND SHALL NOT AFFECT THE REMAINDER OF THIS AGREEMENT.
9.8
GOVERNING LAW.
THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN
ACCORDANCE WITH THE INTERNAL LAWS (AS OPPOSED TO THE CONFLICTS OF LAW
PROVISIONS) OF THE STATE OF ILLINOIS.
9.9
WAIVER OF JURY TRIAL.
THE BORROWER AND THE LENDER EACH HEREBY
KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE OR
HEREAFTER HAVE TO A TRIAL BY JURY IN RESPECT OF ANY SUIT, ACTION OR PROCEEDING
ARISING OUT OF OR RELATING TO THIS AGREEMENT.
THE BORROWER HEREBY CERTIFIES
THAT NEITHER THE LENDER NOR ANY OF ITS REPRESENTATIVES, AGENTS OR COUNSEL HAS
REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE LENDER WOULD NOT, IN THE EVENT OF
ANY SUCH SUIT, ACTION OR PROCEEDING, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO
TRIAL BY JURY.
THE BORROWER ACKNOWLEDGES THAT THE LENDER HAS BEEN INDUCED TO
ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THIS WAIVER.
THE BORROWER
ACKNOWLEDGES THAT IT HAS READ THE PROVISIONS OF THIS