document has been filed separately
with the Securities and Exchange Commission.
13.30
SERVICE OF PROCESS. BORROWER HEREBY WAIVES PERSONAL SERVICE OF ANY AND
ALL PROCESS AND CONSENTS THAT ALL SUCH SERVICE OF PROCESS MAY BE MADE BY
CERTIFIED MAIL, RETURN RECEIPT REQUESTED, DIRECTED TO BORROWER AS SET FORTH
HEREIN IN THE MANNER PROVIDED BY APPLICABLE STATUTE, LAW, RULE OF COURT OR
OTHERWISE.
13.31
JURISDICTION; VENUE. TO INDUCE AGENT AND LENDERS TO ACCEPT THIS LOAN
AGREEMENT, BORROWER IRREVOCABLY AGREES THAT, SUBJECT TO AGENT'S SOLE AND
ABSOLUTE ELECTION, ALL ACTIONS OR PROCEEDINGS IN ANY WAY, MANNER OR RESPECT,
ARISING OUT OF OR FROM OR RELATED TO THE LOAN DOCUMENTS OR THE COLLATERAL SHALL
BE LITIGATED IN COURTS HAVING SITUS WITHIN THE CITY OF CHICAGO, STATE OF
ILLINOIS. BORROWER HEREBY CONSENTS AND SUBMITS TO THE JURISDICTION OF ANY LOCAL,
STATE OR FEDERAL COURTS LOCATED WITHIN SAID CITY AND STATE. BORROWER HEREBY
WAIVES ANY RIGHT IT MAY HAVE TO TRANSFER OR CHANGE THE VENUE OF ANY LITIGATION
BROUGHT AGAINST BORROWER BY AGENT OR ANY LENDER IN ACCORDANCE WITH THIS SECTION.
13.32
JURY WAIVER. BORROWER, AGENT AND EACH LENDER HEREBY VOLUNTARILY,
KNOWINGLY, IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO HAVE A JURY
PARTICIPATE IN RESOLVING ANY DISPUTE (WHETHER BASED UPON CONTRACT, TORT OR
OTHERWISE) BETWEEN OR AMONG BORROWER, AGENT AND LENDERS ARISING OUT OF OR IN
ANYWAY RELATED TO THIS LOAN AGREEMENT OR ANY OF THE OTHER AGREEMENTS. THIS
PROVISION IS A MATERIAL INDUCEMENT TO AGENT AND LENDERS TO PROVIDE THE FINANCING
DESCRIBED HEREIN AND IN THE OTHER AGREEMENTS. BORROWER HEREBY REPRESENTS AND
WARRANTS TO AGENT AND LENDERS THAT IT HAS CONSULTED WITH AND BEEN COUNSELED BY
COMPETENT COUNSEL CONCERNING THE WAIVER SET FORTH IN THIS SECTION AND HAS
KNOWINGLY MADE SUCH WAIVER.
[Signature pages follow]
- 54 -
Portions herein identified by [*****] have been omitted pursuant to a request
for confidential treatment under Rule 24b-2 of the Securities Exchange Act of
1934, as amended.
A complete copy of this document has been filed separately
with the Securities and Exchange Commission.
IN WITNESS WHEREOF, Agent, Lenders and Borrower have caused this Loan and
Security Agreement to be executed and delivered by their duly authorized
officers as of the date first set forth above.
Borrower:
AGRITECH
WORLDWIDE, INC.,
a Nevada corporation
By:
/s/ Jonathan E. Kahn
Name: Jonathan E. Kahn
Title: CEO
[Signature page to Loan and Security Agreement]
Portions herein identified by [*****] have been omitted pursuant to a request
for confidential treatment under Rule 24b-2 of the Securities Exchange Act of
1934, as amended.
A complete copy of this document has been filed separately
with the Securities and Exchange Commission.
Agent:
GKS FUNDING LLC, as Agent and a Lender
By: /s/ M. Garfinkle
Name: Morris Garfinkle
Title:
[Signature page to Loan and Security Agreement]
Portions herein identified by [*****] have been omitted pursuant to a request
for confidential treatment under Rule 24b-2 of the Securities Exchange Act of
1934, as amended.
A complete copy of this document has been filed separately
with the