Actions Against Lender; Release Sample Clauses

Actions Against Lender; Release. (a) Any action brought by the Companies or any Subsidiary against any Lender which is based, directly or indirectly, or on this Agreement or any other Loan Document or any matter in or related to this Agreement or any other Loan Document, including but not limited to the making of the Senior Subordinated Loans or the administration or collection thereof, shall be brought only in the courts of the State of Delaware. The Companies may not file a counterclaim against any Lender in a suit brought by any Lender against the Companies in a state other than the State of Delaware unless under the rules of procedure of the court in which any Lender brought the action the counterclaim is mandatory and will be considered waived unless filed as a counterclaim in the action instituted by such Lender. (b) Upon full payment and satisfaction of the Senior Subordinated Loans and the interest thereon, as provided in Section 2, the parties shall thereupon automatically each be fully, finally, and forever released and discharged from any further claim, liability or obligation in connection with the Senior Subordinated Loans except as expressly set forth herein, except to the extent any payment received by the Lender is determined to be a preference or similar voidable transfer.

Actions Against Lender; Release. (a) Any action brought by the Borrower or any Subsidiary against the Lender which is based, directly or indirectly, or on this Agreement or any other Loan Document or any matter in or related to this Agreement or any other Loan Document, including but not limited to the making of the Loans or the administration or collection thereof, shall be brought only in the courts of the Commonwealth of Pennsylvania. (b) Upon full payment and satisfaction of the Loans and the interest thereon, as provided in Section 2 hereof, the parties shall thereupon automatically each be fully, finally, and forever released and discharged from any further claim, liability or obligation in connection with the Loans except as expressly set forth herein, except to the extent an payment received by the Lender is determined to be a preference or similar voidable transfer.

Actions Against Lender; Release. (a) Any action brought by Borrower against Lender which is based, directly or indirectly, or on this Agreement or any other Loan Document or any matter in or related to this Agreement or any other Loan Document, including but not limited to the making of the Loan or the administration or collection thereof, shall be brought only in the courts of the Commonwealth of Pennsylvania. Borrower may not file a counterclaim against Lender in a suit brought by Lender against Borrower in a state other than the Commonwealth of Pennsylvania unless under the rules of procedure of the court in which Lender brought the action the counterclaim is mandatory and will be considered waived unless filed as a counterclaim in the action instituted by Lender. (b) Upon full payment and satisfaction of the Loan and the interest thereon, as provided in Section 2 hereof, the parties shall thereupon automatically each be fully, finally, and forever released and discharged from any further claim, liability or obligation in connection with the Loans except as expressly set forth herein, except to the extent an payment received by Lender is determined to be a preference or similar voidable transfer.