Court, District of
Massachusetts, sitting in Boston, Massachusetts, and that such Courts shall have
exclusive jurisdiction with respect to any such action.
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7-14
WAIVER OF JURY TRIAL.
EACH PARTY HERETO HEREBY
IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT
IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY
ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE
TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR
ANY OTHER THEORY).
EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE,
LENDER OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE,
THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE
THE FOREGOING WAIVER, AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO
HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS BY,
AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS.
[Signature Page to Follow]
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IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of
the date above first written.
This Agreement shall take effect as a sealed
instrument.
AEROPOSTALE WEST, INC., as a
Guarantor
By:
/s/ Michael J. Cunningham
Name:
Michael J. Cunningham
Title:
Executive Vice President and
Chief Financial Officer
AERO GC MANAGEMENT LLC, as a
Guarantor
By:
/s/ Michael J. Cunningham
Name:
Michael J. Cunningham
Title:
Executive Vice President and
Chief Financial Officer
JIMMY'Z SURF CO., INC., as a
Guarantor
By:
/s/ Michael J. Cunningham
Name:
Michael J. Cunningham
Title:
Executive Vice President and
Chief Financial Officer
LENDER:
BANK OF AMERICA, N.A.
By:
/s/ Kathleen A. Dimock
Name:
Kathleen A. Dimock
Title:
Managing Director