OR IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT
OF TEXAS LOCATED IN DALLAS COUNTY, TEXAS, AT THE OPTION OF AGENT AND (VI)
BORROWER AND LENDERS HEREBY WAIVE ANY OBJECTION TO THE VENUE OF ANY SUCH SUIT,
ACTION OR PROCEEDING AND ADDITIONALLY WAIVE ANY RIGHT IT MAY HAVE TO BE SUED
ELSEWHERE. NOTHING HEREIN SHALL AFFECT THE RIGHT OF ANY PARTY TO ACCOMPLISH
SERVICE OF PROCESS IN ANY MANNER PERMITTED BY LAW.
5.6
WAIVER OF JURY TRIAL. EACH OF THE PARTIES HERETO WAIVES, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ITS RESPECTIVE RIGHTS TO A TRIAL BY JURY OF
ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO THIS
AMENDMENT, THE CREDIT AGREEMENT, THE OTHER LOAN DOCUMENTS OR THE TRANSACTIONS
CONTEMPLATED HEREBY OR THEREBY IN ANY ACTION, PROCEEDING OR OTHER LITIGATION OF
ANY TYPE BROUGHT BY ANY OF THE PARTIES AGAINST ANY OTHER PARTY, WHETHER WITH
RESPECT TO CONTRACT CLAIMS, TORT CLAIMS, OR OTHERWISE. EACH OF THE PARTIES
HERETO AGREES THAT ANY SUCH CLAIM OR CAUSE OF ACTION SHALL BE TRIED BY A COURT
TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE
THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS
SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE
OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF THIS AMENDMENT, THE
CREDIT AGREEMENT OR ANY OTHER LOAN DOCUMENT OR ANY PROVISION HEREOF OR THEREOF.
THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR
MODIFICATIONS TO THE CREDIT AGREEMENT AND ANY OTHER LOAN DOCUMENTS.
7
5.7
Release of Claims and Covenant Not to Sue. As a material inducement to the
Agent and each Lender to enter into this Amendment, Borrower, for and on behalf
of itself and its respective successors and assigns and Affiliates, (a) does
hereby remise, release, acquit, satisfy and forever discharge the Agent and each
Lender and each of their Affiliates, and all of the past, present and future
officers, directors, employees, agents, attorneys, representatives,
participants, heirs, successors and assigns of the Agent and each Lender and
each of their Affiliates (collectively, the "Released Parties"), from any and
all liabilities, obligations, expenses, damages, judgments, actions, claims,
demands and causes of action of any nature whatsoever, whether at law or in
equity, whether now accrued or hereafter maturing and whether known or unknown,
which Borrower or any of its successors, assigns or Affiliates now has or
hereafter can, shall or may have by reason of any action, inaction, matter,
cause or thing, occurring on or prior to the date of this Amendment, arising out
of, in connection with or relating to (i) the Collateral or the Obligations,
including, but not limited to, the administration or funding thereof, (ii) the
Loan Documents (or any of the transactions contemplated thereby) or the
indebtedness evidenced and secured thereby, and (iii) any other agreement or
transaction between Borrower, the Agent, and/or any Lender or any