OTHER AMOUNTS PAYABLE
UNDER THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS.
SECTION 7.5.
WAIVER OF JURY TRIAL; PRESERVATION OF REMEDIES.
(A)
WAIVER OF JURY TRIAL.
THE ADMINISTRATIVE AGENT AND EACH GRANTOR
HEREBY IRREVOCABLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL WITH RESPECT TO
ANY ACTION, CLAIM OR OTHER PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, ANY RIGHTS OR OBLIGATIONS HEREUNDER, OR THE PERFORMANCE OF SUCH
RIGHTS AND OBLIGATIONS.
(B)
PRESERVATION OF CERTAIN REMEDIES.
THE PARTIES HERETO AND THE
OTHER LOAN DOCUMENTS PRESERVE, WITHOUT DIMINUTION, CERTAIN REMEDIES THAT SUCH
PERSONS MAY EMPLOY OR EXERCISE FREELY, EITHER ALONE, IN CONJUNCTION WITH OR
DURING A DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF, CONNECTED WITH OR
RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT (EACH A "DISPUTE").
EACH
SUCH PERSON SHALL HAVE AND HEREBY RESERVES THE RIGHT TO PROCEED IN ANY COURT OF
PROPER JURISDICTION OR BY SELF HELP TO EXERCISE OR PROSECUTE THE FOLLOWING
REMEDIES, AS APPLICABLE:
(I) ALL RIGHTS TO FORECLOSE AGAINST ANY REAL OR
PERSONAL PROPERTY OR OTHER SECURITY GRANTED UNDER A LOAN DOCUMENT BY EXERCISING
A POWER OF SALE GRANTED IN THE LOAN DOCUMENTS OR UNDER APPLICABLE LAW OR BY
JUDICIAL FORECLOSURE AND SALE, INCLUDING A PROCEEDING TO CONFIRM THE SALE, (II)
ALL RIGHTS OF SELF HELP INCLUDING PEACEFUL OCCUPATION OF PROPERTY AND COLLECTION
OF RENTS, SET OFF, AND PEACEFUL POSSESSION OF PROPERTY, (III) OBTAINING
PROVISIONAL OR ANCILLARY REMEDIES INCLUDING INJUNCTIVE RELIEF, SEQUESTRATION,
GARNISHMENT, ATTACHMENT, APPOINTMENT OF RECEIVER AND IN FILING AN INVOLUNTARY
BANKRUPTCY PROCEEDING, AND (IV) WHEN APPLICABLE, A JUDGMENT BY
20
CONFESSION OF JUDGMENT.
PRESERVATION OF THESE REMEDIES DOES NOT LIMIT THE POWER
OF AN ARBITRATOR TO GRANT SIMILAR REMEDIES THAT MAY BE REQUESTED BY A PARTY IN A
DISPUTE.
SECTION 7.6.
SUCCESSORS AND ASSIGNS.
THE PROVISIONS OF THIS AGREEMENT SHALL BE
BINDING UPON AND INURE TO THE BENEFIT OF THE PARTIES HERETO (AND SHALL BIND ALL
PERSONS WHO BECOME BOUND AS A GRANTOR TO THIS COLLATERAL AGREEMENT) AND THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS PERMITTED HEREBY; PROVIDED THAT NO GRANTOR MAY
ASSIGN, TRANSFER OR DELEGATE ANY OF ITS RIGHTS OR OBLIGATIONS UNDER THIS
AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF THE ADMINISTRATIVE AGENT (GIVEN
IN ACCORDANCE WITH SECTION 7.1).
SECTION 7.7.
COUNTERPARTS.
THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF
COUNTERPARTS AND BY DIFFERENT PARTIES HERETO IN SEPARATE COUNTERPARTS, EACH OF
WHICH WHEN SO EXECUTED SHALL BE DEEMED TO BE AN ORIGINAL AND SHALL BE BINDING
UPON ALL PARTIES, THEIR SUCCESSORS AND ASSIGNS, AND ALL OF WHICH TAKEN TOGETHER
SHALL CONSTITUTE ONE AND THE SAME AGREEMENT.
SECTION 7.8.
SEVERABILITY.
ANY PROVISION OF THIS AGREEMENT OR ANY OTHER LOAN
AGREEMENT WHICH IS PROHIBITED OR UNENFORCEABLE IN ANY JURISDICTION SHALL, AS TO
SUCH JURISDICTION, BE INEFFECTIVE ONLY TO THE EXTENT OF SUCH PROHIBITION OR
UNENFORCEABILITY WITHOUT INVALIDATING THE REMAINDER OF SUCH PROVISION OR THE
REMAINING PROVISIONS HEREOF OR THEREOF OR AFFECTING THE VALIDITY OR
ENFORCEABILITY OF SUCH PROVISION IN ANY OTHER JURISDICTION.
SECTION 7.9.
SECTION HEADING.
THE SECTION HEADINGS USED IN THIS