written notice to Pledgor assign this Pledge Agreement to an
affiliate of Bank in conjunction with any
assignment of the Loans permitted by the applicable Loan Agreement. Subject to
the preceding sentence, this Pledge Agreement shall be binding upon and inure to
the benefit of and be enforceable by the parties and their respective permitted
successors and assigns.
6.8
Governing Law. This Pledge Agreement shall be deemed to have been given
by Pledgor and delivered to and accepted by Bank in Chicago, Illinois. Any
dispute arising out of, or in connection with, related to, or incidental to this
Agreement shall be governed by the internal laws of the State of Illinois (but
giving effect to federal laws applicable to national banks) applicable to
contracts made and to be performed entirely within such state, without regard to
conflict of laws principles.
6.9
Jurisdiction.
(A)
FORUM SELECTION AND CONSENT TO JURISDICTION. ANY LITIGATION BASED HEREON,
OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER LOAN
DOCUMENT, SHALL BE BROUGHT AND MAINTAINED EXCLUSIVELY IN THE CIRCUIT COURTS OF
COOK COUNTY WITHIN THE STATE OF ILLINOIS OR IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS; PROVIDED THAT NOTHING IN THIS AGREEMENT
SHALL BE DEEMED OR OPERATE TO PRECLUDE BANK FROM BRINGING SUIT OR TAKING OTHER
LEGAL ACTION IN ANY OTHER JURISDICTION. PLEDGOR HEREBY EXPRESSLY AND IRREVOCABLY
SUBMITS TO THE JURISDICTION OF THE CIRCUIT COURTS OF COOK COUNTY WITHIN THE
STATE OF ILLINOIS AND OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN
DISTRICT OF ILLINOIS FOR THE PURPOSE OF ANY SUCH LITIGATION AS SET FORTH ABOVE.
PLEDGOR FURTHER IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS BY REGISTERED
MAIL, POSTAGE PREPAID, OR BY PERSONAL SERVICE WITHIN OR WITHOUT THE STATE OF
ILLINOIS. PLEDGOR HEREBY EXPRESSLY AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT
PERMITTED BY LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING
OF VENUE OF ANY SUCH LITIGATION BROUGHT IN ANY SUCH COURT REFERRED TO ABOVE AND
ANY CLAIM THAT ANY SUCH LITIGATION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM
(B)
WAIVER OF BOND. PLEDGOR WAIVES THE POSTING OF ANY BOND OTHERWISE REQUIRED
OF BANK IN CONNECTION WITH ANY JUDICIAL PROCESS OR PROCEEDING TO OBTAIN
POSSESSION OF, REPLEVY, ATTACH, OR LEVY UPON COLLATERAL OR ANY OTHER SECURITY
FOR THE LIABILITIES, TO ENFORCE ANY JUDGMENT OR OTHER COURT ORDER ENTERED IN
FAVOR OF BANK, OR TO ENFORCE BY SPECIFIC PERFORMANCE, TEMPORARY RESTRAINING
ORDER, OR PRELIMINARY OR PERMANENT INJUNCTION THIS Pledge AGREEMENT OR ANY OTHER
Pledge AGREEMENT OR DOCUMENT BETWEEN BANK AND PLEDGOR.
(C)
WAIVER OF JURY TRIAL. PLEDGOR AND BANK EACH WAIVE ANY RIGHT TO HAVE A
JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT,
OR OTHERWISE, BETWEEN BANK AND PLEDGOR ARISING OUT OF, CONNECTED WITH, RELATED
TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM IN CONNECTION
WITH THIS Pledge AGREEMENT OR ANY OTHER INSTRUMENT, DOCUMENT OR Pledge AGREEMENT
EXECUTED OR DELIVERED IN CONNECTION THEREWITH OR THE