(D) to send notices,
directions, orders and other communications to any Person relating to this
Guaranty, or the security for all or any part of the Borrowers' Liabilities;
(E) to take or omit to take any other action contemplated by or referred to in
this Guaranty or any document covering any of the security for all or any part
of the Borrowers' Liabilities; and (F) to take or omit to take any action with
respect to this Guaranty, any of the security for all or any part of the
Borrowers' Liabilities or any document covering any such security, all as such
officer may determine in his or her sole discretion. Each of the undersigned
hereby certifies that he/she has all necessary authority to grant and execute
this Guaranty on behalf of Guarantor.
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14. Service of Process; Consent to Jurisdiction.
A. GUARANTOR HEREBY WAIVES PERSONAL SERVICE OF ANY AND ALL PROCESS AND CONSENTS
THAT ALL SUCH SERVICE OF PROCESS MAY BE MADE BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, DIRECTED TO GUARANTOR AS SET FORTH IN SECTION 10 ABOVE IN THE MANNER
PROVIDED BY APPLICABLE STATUTE, LAW, RULE OF COURT OR OTHERWISE.
B. GUARANTOR AND LENDER IRREVOCABLY AGREE, AND HEREBY CONSENT AND SUBMIT TO THE
NON-EXCLUSIVE JURISDICTION OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS, AND
THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN
DIVISION, WITH REGARD TO ANY LITIGATION, ACTIONS OR PROCEEDINGS ARISING FROM,
RELATING TO OR IN CONNECTION WITH BORROWERS' LIABILITIES, THE COVENANTS,
GUARANTOR'S LIABILITIES, THIS GUARANTY OR ANY COLLATERAL OR SECURITY THEREFOR.
GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO TRANSFER OR CHANGE THE
VENUE OF ANY LITIGATION, ACTIONS OR PROCEEDINGS FILED IN THE CIRCUIT COURT OF
COOK COUNTY, ILLINOIS, OR THE UNITED STATES DISTRICT COURT FOR THE NORTHERN
DISTRICT OF ILLINOIS, EASTERN DIVISION.
15. Waiver of Jury Trial.
GUARANTOR AND LENDER HEREBY ABSOLUTELY AND UNCONDITIONALLY WAIVES ITS RESPECTIVE
RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY CLAIM, DEMAND, ACTION OR CAUSE
OF ACTION ARISING UNDER OR RELATING TO THIS GUARANTY, GUARANTOR'S LIABILITIES OR
BORROWERS' LIABILITIES, OR ANY OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED
AND DELIVERED IN CONNECTION THEREWITH OR RELATED THERETO.
[signature page follows]
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In Witness Whereof, Guarantor has duly executed this Guaranty on the day and
year first above written.
UT Gaming, Inc.,
a Delaware corporation
By:
/s/ James Burk
Name:
James Burk
Title:
Chief
Financial Officer
[Signature Page to Guaranty]
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