REGULATES CERTAIN REVOLVING LOAN ACCOUNTS AND REVOLVING TRIPARTY ACCOUNTS) SHALL
NOT APPLY TO THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS.
BORROWER HEREBY AGREES
THAT THE OBLIGATIONS CONTAINED HEREIN ARE PERFORMABLE IN DALLAS COUNTY, TEXAS.
ALL PARTIES HERETO AGREE THAT (I) ANY ACTION ARISING OUT OF THIS TRANSACTION
SHALL BE FILED IN DALLAS COUNTY, TEXAS, (II) VENUE FOR ENFORCEMENT OF ANY OF THE
OBLIGATIONS CONTAINED IN THIS AGREEMENT SHALL BE IN DALLAS COUNTY,
(III) PERSONAL JURISDICTION SHALL BE IN DALLAS COUNTY, TEXAS, (IV) ANY ACTION OR
PROCEEDING UNDER THIS AGREEMENT SHALL BE COMMENCED AGAINST BORROWER IN DALLAS
COUNTY, (V) SUCH ACTION SHALL BE INSTITUTED IN THE COURTS OF THE STATE OF TEXAS
LOCATED IN DALLAS COUNTY, TEXAS OR IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF TEXAS LOCATED IN DALLAS COUNTY, TEXAS, AND (VI) BORROWER
HEREBY WAIVES ANY OBJECTION TO THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING
AND ADDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO BE SUED ELSEWHERE.
NOTHING
HEREIN
42
SHALL AFFECT THE RIGHT OF LENDER TO ACCOMPLISH SERVICE OF PROCESS IN ANY MANNER
PERMITTED BY LAW.
SECTION 9.4
INVALIDITY.
IN THE EVENT THAT ANY ONE OR MORE OF THE
PROVISIONS CONTAINED IN THE NOTE, THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT
SHALL, FOR ANY REASON, BE HELD INVALID, ILLEGAL OR UNENFORCEABLE IN ANY RESPECT,
SUCH INVALIDITY, ILLEGALITY OR UNENFORCEABILITY SHALL NOT AFFECT ANY OTHER
PROVISION OF SUCH DOCUMENT.
SECTION 9.5
SURVIVAL OF AGREEMENTS.
ALL COVENANTS AND AGREEMENTS
HEREIN AND IN ANY OTHER LOAN DOCUMENT NOT FULLY PERFORMED BEFORE THE DATE HEREOF
OR THE DATE THEREOF, AND ALL REPRESENTATIONS AND WARRANTIES HEREIN OR THEREIN,
SHALL SURVIVE UNTIL PAYMENT IN FULL OF THE OBLIGATIONS AND TERMINATION OF THE
COMMITMENT.
SECTION 9.6
RENEWAL, EXTENSION OR REARRANGEMENT.
ALL PROVISIONS OF
THIS AGREEMENT AND OF THE OTHER LOAN DOCUMENTS SHALL APPLY WITH EQUAL FORCE AND
EFFECT TO EACH PROMISSORY NOTE HEREAFTER EXECUTED WHICH IN WHOLE OR IN PART
REPRESENTS A RENEWAL, EXTENSION FOR ANY PERIOD, INCREASE OR REARRANGEMENT OF ANY
PART OF THE OBLIGATIONS ORIGINALLY REPRESENTED BY THE NOTE OR OF ANY PART OF
SUCH OTHER OBLIGATIONS.
SECTION 9.7
WAIVERS.
NO COURSE OF DEALING ON THE PART OF LENDER, OR
ANY OF ITS OFFICERS, EMPLOYEES, CONSULTANTS OR AGENTS, NOR ANY FAILURE OR DELAY
BY LENDER WITH RESPECT TO EXERCISING ANY RIGHT, POWER OR PRIVILEGE OF LENDER
UNDER THE NOTE, THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT SHALL OPERATE AS A
WAIVER THEREOF, EXCEPT AS OTHERWISE PROVIDED IN SECTION 9.2 HEREOF.
SECTION 9.8
CUMULATIVE RIGHTS.
THE RIGHTS AND REMEDIES OF LENDER
UNDER THE NOTE, THIS AGREEMENT, AND ANY OTHER LOAN DOCUMENT SHALL BE CUMULATIVE,
AND THE EXERCISE OR PARTIAL EXERCISE OF ANY SUCH RIGHT OR REMEDY SHALL NOT
PRECLUDE THE EXERCISE OF ANY OTHER RIGHT OR REMEDY.
SECTION 9.9
LIMITATION ON INTEREST.
LENDER, EACH RELATED PERSON AND
ANY OTHER PARTIES TO THE LOAN DOCUMENTS INTEND TO CONTRACT IN STRICT COMPLIANCE
WITH APPLICABLE USURY LAW FROM TIME TO TIME IN EFFECT.
IN FURTHERANCE THEREOF
SUCH PERSONS STIPULATE AND AGREE