Law requires to the contrary.
10.3 SUBMISSION TO JURISDICTION; WAIVER OF JURY TRIAL, ETC.
(A) EACH BORROWER PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY:
(1) SUBMITS FOR ITSELF AND ITS PROPERTY IN ANY LEGAL ACTION OR PROCEEDING
RELATING TO THIS AGREEMENT, OR FOR RECOGNITION AND ENFORCEMENT OF ANY JUDGMENT
IN RESPECT THEREOF, TO THE NON-EXCLUSIVE GENERAL JURISDICTION OF THE COURTS OF
THE STATE OF TENNESSEE, THE COURTS OF THE UNITED STATES OF AMERICA FOR THE
MIDDLE DISTRICT OF TENNESSEE, AND APPELLATE COURTS FROM ANY THEREOF;
(2) CONSENTS THAT ANY SUCH ACTION OR PROCEEDING MAY BE BROUGHT IN SUCH
COURTS, AND WAIVES ANY OBJECTION THAT IT MAY NOW OR HEREAFTER HAVE TO THE VENUE
OF ANY SUCH ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT SUCH ACTION OR
PROCEEDING WAS BROUGHT IN AN INCONVENIENT COURT AND AGREES NOT TO PLEAD OR CLAIM
THE SAME;
(3) AGREES THAT SERVICE OF PROCESS IN ANY SUCH ACTION OR PROCEEDING MAY BE
EFFECTED BY MAILING A COPY THEREOF BY REGISTERED OR CERTIFIED MAIL (OR ANY
SUBSTANTIALLY SIMILAR FORM OF MAIL), POSTAGE PREPAID, TO SUCH PERSON AT ITS
ADDRESS SET FORTH IN THIS AGREEMENT OR AT SUCH OTHER ADDRESS OF WHICH BANK SHALL
HAVE BEEN NOTIFIED PURSUANT THERETO; AND
(4) AGREES THAT NOTHING HEREIN SHALL AFFECT THE RIGHT TO EFFECT SERVICE OF
PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR SHALL LIMIT THE RIGHT TO SUE IN
ANY OTHER JURISDICTION.
(B) EACH BORROWER PARTY AND BANK HEREBY:
(1) IRREVOCABLY AND UNCONDITIONALLY WAIVES THE RIGHT TO A TRIAL BY JURY IN
ANY ACTION OR PROCEEDING OR COUNTERCLAIM OF ANY TYPE AS TO ANY MATTER ARISING
DIRECTLY OR INDIRECTLY OUT OF OR WITH RESPECT TO THIS AGREEMENT, THE NOTES, ANY
OF THE OTHER LOAN DOCUMENTS OR ANY OTHER DOCUMENT EXECUTED IN CONNECTION
HEREWITH OR THEREWITH; AND
(2) AGREES THAT ANY OF THEM MAY FILE A COPY OF THIS AGREEMENT WITH ANY
COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED FOR AGREEMENT
BETWEEN THE PARTIES IRREVOCABLY TO WAIVE TRIAL BY JURY, AND THAT ANY DISPUTE OR
CONTROVERSY OF ANY KIND WHATSOEVER BETWEEN THEM SHALL INSTEAD BE TRIED IN A
COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY.
* * * *
IN WITNESS WHEREOF
, the parties hereto have caused this Agreement to be executed by their
respective duly authorized representatives as of the day and year first above
written.
ASTEC INDUSTRIES, INC.,
a Tennessee corporation
F. McKamy Hall
F. McKamy Hall, its Vice President,
Chief Financial Officer and Treasurer
AMERICAN AUGERS, INC.,
a Delaware corporation
By: /s/F. McKamy Hall
F. McKamy Hall, its Treasurer
ASTEC, INC.,
a Tennessee corporation
F. McKamy Hall
F. McKamy Hall, its Treasurer
AI DEVELOPMENT GROUP, INC.,
a South Dakota corporation
By: /s/ Jeffrey L. May
Its: Secretary/Treasurer
AI ENTERPRISES, INC.,
a South Dakota corporation
Jeffrey L. May
ASTEC INVESTMENTS, INC.,
a Tennessee corporation
F. McKamy Hall
F. McKamy Hall, its Treasurer
ASTEC MOBILE SCREENS, INC.,
a Nevada corporation
F. McKamy Hall
F.