Common use of ADDITIONAL WAIVERS IN THE EVENT OF ENFORCEMENT Clause in Contracts

ADDITIONAL WAIVERS IN THE EVENT OF ENFORCEMENT. EACH GUARANTOR HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVES, IN CONNECTION WITH ANY SUIT, ACTION OR PROCEEDING BROUGHT BY OR ON BEHALF OF THE BANKS ON THIS GUARANTY, ANY AND EVERY RIGHT GUARANTOR MAY HAVE TO (I) INJUNCTIVE RELIEF, (II) A TRIAL BY JURY, (III) INTERPOSE ANY COUNTERCLAIM THEREIN, OTHER THAN A COUNTERCLAIM THAT IF NOT BROUGHT IN THE SUIT, ACTION OR PROCEEDING BROUGHT BY ADMINISTRATIVE AGENT OR THE BANKS COULD NOT BE BROUGHT IN A SEPARATE SUIT, ACTION OR PROCEEDING OR WOULD BE SUBJECT TO DISMISSAL OR SIMILAR DISPOSITION FOR FAILURE TO HAVE BEEN ASSERTED IN SUCH SUIT, ACTION OR PROCEEDING BROUGHT BY ADMINISTRATIVE AGENT OR THE BANKS AND (IV) HAVE THE SAME CONSOLIDATED WITH ANY OTHER OR SEPARATE SUIT, ACTION OR PROCEEDING. NOTHING HEREIN CONTAINED SHALL PREVENT OR PROHIBIT GUARANTORS FROM INSTITUTING OR MAINTAINING A SEPARATE ACTION AGAINST THE BANKS WITH RESPECT TO ANY ASSERTED CLAIM.

ADDITIONAL WAIVERS IN THE EVENT OF ENFORCEMENT. EACH GUARANTOR HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVES, IN CONNECTION WITH ANY SUIT, ACTION OR PROCEEDING BROUGHT BY OR ON BEHALF OF THE BANKS LENDER ON THIS GUARANTY, ANY AND EVERY RIGHT GUARANTOR MAY HAVE TO (I) TO OBJECT TO THE JURISDICTION OR VENUE OF ANY STATE OR FEDERAL COURT SITTING IN THE TOWN OF LITCHFIELD, LITCHFIELD COUNTY, CONNECTICUT, (II) TO INJUNCTIVE RELIEF, (II) A TRIAL BY JURY, (III) TO INTERPOSE ANY COUNTERCLAIM THEREIN, THEREIN (OTHER THAN A COUNTERCLAIM THAT IF NOT BROUGHT IN THE SUITCOMPULSORY COUNTERCLAIMS), ACTION OR PROCEEDING BROUGHT BY ADMINISTRATIVE AGENT OR THE BANKS COULD NOT BE BROUGHT IN A SEPARATE SUIT, ACTION OR PROCEEDING OR WOULD BE SUBJECT TO DISMISSAL OR SIMILAR DISPOSITION FOR FAILURE TO HAVE BEEN ASSERTED IN SUCH SUIT, ACTION OR PROCEEDING BROUGHT BY ADMINISTRATIVE AGENT OR THE BANKS AND (IV) TO HAVE THE SAME CONSOLIDATED WITH ANY OTHER OR SEPARATE SUIT, ACTION OR PROCEEDING. NOTHING HEREIN CONTAINED SHALL PREVENT OR PROHIBIT GUARANTORS GUARANTOR FROM INSTITUTING OR MAINTAINING A SEPARATE ACTION AGAINST THE BANKS LENDER WITH RESPECT TO ANY ASSERTED CLAIM. THE FOREGOING WAIVERS ARE GIVEN KNOWINGLY AND VOLUNTARILY BY GXXXXXXXX. LXXXXX IS HEREBY AUTHORIZED TO FILE A COPY OF THIS PARAGRAPH IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF ANY OR ALL OF THE FOREGOING WAIVERS.

ADDITIONAL WAIVERS IN THE EVENT OF ENFORCEMENT. EACH GUARANTOR HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVES, IN CONNECTION WITH ANY SUIT, ACTION OR PROCEEDING BROUGHT BY OR ON BEHALF OF THE BANKS SELLER ON THIS GUARANTY, ANY AND EVERY RIGHT GUARANTOR MAY HAVE TO (I) INJUNCTIVE RELIEF, (II) A TRIAL BY JURY, (III) INTERPOSE ANY COUNTERCLAIM THEREIN, THEREIN (OTHER THAN A COUNTERCLAIM THAT IF NOT BROUGHT IN THE SUITCOMPULSORY COUNTERCLAIMS), ACTION OR PROCEEDING BROUGHT BY ADMINISTRATIVE AGENT OR THE BANKS COULD NOT BE BROUGHT IN A SEPARATE SUIT, ACTION OR PROCEEDING OR WOULD BE SUBJECT TO DISMISSAL OR SIMILAR DISPOSITION FOR FAILURE TO HAVE BEEN ASSERTED IN SUCH SUIT, ACTION OR PROCEEDING BROUGHT BY ADMINISTRATIVE AGENT OR THE BANKS AND (IVIII) HAVE THE SAME CONSOLIDATED WITH ANY OTHER OR SEPARATE SUIT, ACTION OR PROCEEDING. NOTHING HEREIN CONTAINED SHALL PREVENT OR PROHIBIT GUARANTORS GUARANTOR FROM INSTITUTING OR MAINTAINING A SEPARATE ACTION AGAINST THE BANKS SELLER WITH RESPECT TO ANY ASSERTED CLAIM; (IV) ANY DEFENSES OF A SURETY OR RELATING TO IMPAIRMENT OF COLLATERAL AND/OR ANY ACT OR OMISSION BY THE SELLER WHICH INCREASES THE SCOPE OF THE GUARANTOR’S RISK HEREUNDER, INCLUDING, WITHOUT LIMITATION ANY NEGLIGENT SERVICING OR ADMINISTRATION OF THE BUYER’S OBLIGATIONS OR OTHER LIABILITIES OR FAILURE OF SELLER TO EXERCISE ANY OR ALL OF ITS RIGHTS OR REMEDIES AGAINST ANY PARTY, INCLUDING, WITHOUT LIMITATION, THE BUYER AND/OR ANY OTHER GUARANTOR.