OR TO ANY MATTER ARISING OUT OF OR RELATED THERETO; PROVIDED, HOWEVER,
LENDER MAY, AT ITS OPTION, COMMENCE ANY ACTION, SUIT OR PROCEEDING IN ANY OTHER
APPROPRIATE FORUM OR JURISDICTION TO OBTAIN POSSESSION OF OR FORECLOSE UPON ANY
COLLATERAL, TO OBTAIN EQUITABLE RELIEF OR TO ENFORCE ANY JUDGMENT OR ORDER
OBTAINED BY LENDER AGAINST BORROWER OR WITH RESPECT TO ANY COLLATERAL, IF ANY,
TO ENFORCE ANY OTHER RIGHT OR REMEDY UNDER THIS AGREEMENT OR THE NOTE OR TO
OBTAIN ANY OTHER RELIEF DEEMED APPROPRIATE BY LENDER. BORROWER EXPRESSLY SUBMITS
AND CONSENTS IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR SUIT COMMENCED IN
ANY SUCH COURT AND HEREBY WAIVES ANY OBJECTION WHICH BORROWER MAY HAVE BASED
UPON LACK OF PERSONAL JURISDICTION, IMPROPER VENUE OR FORUM NON CONVENIENS AND
HEREBY CONSENTS TO THE GRANTING OF SUCH LEGAL OR EQUITABLE RELIEF AS IS DEEMED
APPROPRIATE BY SUCH COURT. BORROWER REPRESENTS AND WARRANTS THAT IT HAS REVIEWED
THIS CONSENT TO JURISDICTION PROVISION WITH ITS LEGAL COUNSEL, AND HAS MADE THIS
WAIVER KNOWINGLY AND VOLUNTARILY.
17 WAIVER OF JURY TRIAL. BORROWER WAIVES THE RIGHT TO TRIAL BY JURY IN THE EVENT
OF ANY ACTION, SUIT, PROCEEDING, COUNTERCLAIM OR OTHER LITIGATION IN RESPECT OF
ANY MATTER ARISING UNDER THIS AGREEMENT, THE NOTE OR ANY OTHER MATTER INVOLVING
BORROWER AND LENDER, WHETHER OR NOT OTHER PERSONS ARE ALSO PARTIES THERETO.
BORROWER ACKNOWLEDGES THAT THE FOREGOING WAIVER IS A MATERIAL INDUCEMENT TO
LENDER'S MAKING THE TIME LOAN AND THAT LENDER IS RELYING ON THE FOREGOING WAIVER
IN ITS DEALINGS WITH BORROWER. BORROWER REPRESENTS AND WARRANTS THAT BORROWER
REVIEWED THIS JURY WAIVER PROVISION WITH ITS LEGAL COUNSEL, AND MAKES THIS
WAIVER KNOWINGLY AND VOLUNTARILY.
[Signature page follows.]
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IN WITNESS WHEREOF, the undersigned have set their hands and seals or caused
these presents to be executed by their proper corporate officers and sealed with
their seal the day and year first above written.
LORAL SKYNET CORPORATION
By: /s/ Richard J. Townsend
Print Name: Richard J. Townsend
Print title: Executive Vice President
VALLEY NATIONAL BANK
By: /s/ James K. Moore
Print name: James K. Moore
Print title: Sr. Vice President
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