parties will equally bear the fees and
expenses of the final mediator. Nothing in this Section 7.4 will prohibit a
party or its affiliate from seeking interim injunctive relief at any time
permitted by law.
Section 7.5 WAIVER OF RIGHT TO JURY TRIAL. BORROWER HEREBY KNOWINGLY,
VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY
JURY IN ANY LITIGATION ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT, THE
NOTES OR ANY OF THE OTHER TRANSACTION DOCUMENTS, OR ANY OTHER STATEMENTS OR
ACTIONS OF BORROWER OR LENDER. BORROWER ACKNOWLEDGES THAT IT HAS BEEN
REPRESENTED IN THE SIGNING OF THIS AGREEMENT AND IN THE MAKING OF THIS WAIVER BY
INDEPENDENT LEGAL COUNSEL SELECTED OF ITS OWN FREE WILL, AND THAT IT HAS
DISCUSSED THIS WAIVER WITH SUCH LEGAL COUNSEL. BORROWER FURTHER ACKNOWLEDGES
THAT (a) IT HAS READ AND UNDERSTANDS THE MEANING AND RAMIFICATIONS OF THIS
WAIVER, (b) THIS WAIVER HAS BEEN REVIEWED BY BORROWER AND BORROWER'S COUNSEL AND
IS A MATERIAL INDUCEMENT FOR LENDER TO ENTER INTO THE AGREEMENT AND THE OTHER
TRANSACTION DOCUMENTS (c) THIS WAIVER SHALL BE EFFECTIVE AS TO EACH OF SUCH
OTHER TRANSACTION DOCUMENTS AS IF FULLY INCORPORATED THEREIN.
[Signatures on Following Page(s)]
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In Witness Whereof, the parties hereto have caused this Agreement to be executed
by their duly authorized representatives as of the date first above written.
First Internet Bancorp
Community BanCapital, L.P.
By:
/s/ Kay E.
Whitaker
By: CBC Partners GP, LLC, its General Partner Name: Kay E. Whitaker
Title: SVP & CFO
By: /s/ Frank Reppenhagen
Name: Frank
Reppenhagen
Title: Partner
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