JURY. TO THE EXTENT PERMITTED BY APPLICABLE
LAW, BORROWER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ALL RIGHT TO TRIAL
BY JURY IN ANY ACTION, SUIT, PROCEEDING, OR COUNTERCLAIM THAT RELATES TO OR
ARISES OUT OF ANY OF THE LOAN DOCUMENTS OR THE ACTS OR FAILURE TO ACT OF OR BY
ADMINISTRATIVE AGENT OR LENDER IN THE ENFORCEMENT OF ANY OF THE TERMS OR
PROVISIONS OF THIS NOTE OR THE OTHER LOAN DOCUMENTS.
5.7
NO ORAL AGREEMENTS. THIS NOTE AND ALL THE OTHER LOAN DOCUMENTS EMBODY THE
FINAL, ENTIRE AGREEMENT OF BORROWER ADMINISTRATIVE AGENT AND LENDER AND
SUPERSEDE ANY AND ALL PRIOR COMMITMENTS, AGREEMENTS, REPRESENTATIONS AND
UNDERSTANDINGS, WHETHER WRITTEN OR ORAL, RELATING TO THE SUBJECT MATTER HEREOF
AND THEREOF AND MAY NOT BE CONTRADICTED OR VARIED BY EVIDENCE OF PRIOR,
CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OR DISCUSSIONS OF BORROWER,
ADMINISTRATIVE AGENT OR LENDER. THERE ARE NO ORAL AGREEMENTS BETWEEN BORROWER,
ADMINISTRATIVE AGENT OR LENDER. The provisions of this Note and the Loan
Documents may be amended or revised only by an instrument in writing signed by
Borrower, Administrative Agent, and Lender.
5.8
Exculpation. The provisions of Section 11.15 of the Loan Agreement are
hereby incorporated by reference into this Lien Instrument to the same extent
and with the same force as if fully set forth herein.
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PROMISSORY NOTE - PAGE 9
EXECUTED to be effective as of the date first above written.
BORROWER:
BOP FIGAT7TH LLC,
a Delaware limited liability company
By: /s/ JASON KIRSCHNER
Kirschner
President, Finance
PROMISSORY NOTE - SIGNATURE PAGE