AND ADMINISTRATORS OF THE PARTIES HERETO.
6.10
CONSENT TO JURISDICTION.
THE PARTIES HERETO IRREVOCABLY SUBMIT, IN
ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT, TO THE JURISDICTION
OF THE COURTS OF THE UNITED STATES LOCATED IN THE STATE OF DELAWARE OR IN ANY
DELAWARE STATE COURT AND CONSENT THAT ANY SUCH ACTION OR PROCEEDING MAY BE
BROUGHT IN SUCH COURTS AND WAIVE ANY OBJECTION THAT THEY MAY NOW OR HEREAFTER
HAVE TO THE VENUE OF SUCH ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT SUCH
ACTION OR PROCEEDING WAS BROUGHT IN AN INCONVENIENT FORUM.
6.11
GOVERNING LAW.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED
IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF DELAWARE, WITHOUT GIVING
EFFECT TO ITS PRINCIPLES OF CONFLICT OF LAWS.
6.12
SEVERABILITY.
IF ANY PROVISION OF THIS AGREEMENT SHALL BE INVALID,
ILLEGAL OR UNENFORCEABLE, THE VALIDITY, LEGALITY AND ENFORCEABILITY OF THE
REMAINING PROVISIONS SHALL NOT IN ANY WAY BE AFFECTED OR IMPAIRED THEREBY.
[Signature page to follow]
7
IN WITNESS WHEREOF, the parties have duly signed this Agreement the day and year
first written above.
THE COMPANY:
LINENS HOLDING CO.
By:
/s/ ROBERT J. DINICOLA
Robert J. DiNicola
Chairman of the Board and Chief Executive Officer
BUYER:
GEORGE G. GOLLEHER
/s/ GEORGE G. GOLLEHER