Common use of Entire Agreement; Waiver of Jury Trial, etc Clause in Contracts

Entire Agreement; Waiver of Jury Trial, etc. (a) This Agreement and the other Financing Agreements constitute the entire contract between the parties hereto relative to the subject matter hereof. Except as expressly provided herein or in the other Financing Agreements, nothing in this Agreement or in the other Financing Agreements, expressed or implied, is intended to confer upon any party, other than the parties hereto, any rights, remedies, obligations or liabilities under or by reason of this Agreement the other Financing Agreements. (b) EXCEPT AS PROHIBITED BY LAW, EACH PARTY HERETO HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE OTHER FINANCING AGREEMENTS. (c) Except as prohibited by law, each party hereto hereby waives any right it may have to claim or recover in any litigation arising under the Financing Agreements, any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. (d) Each party hereto (i) certifies that no representative, Lender or attorney of the Lender has represented, expressly or otherwise, that the Lender would not, in the event of litigation, seek to enforce the foregoing waivers and (ii) acknowledges that it has been induced to enter into this Agreement or the other Financing Agreements, as applicable, by, among other things, the mutual waivers and certifications herein.

Entire Agreement; Waiver of Jury Trial, etc. (a) This Except as provided in Sections 2.08(b) and (c)(ii) and 9.04(a), this Agreement and the other Financing Agreements Loan Documents constitute the entire contract between the parties hereto relative to the subject matter hereof. Any previous agreement among the parties with respect to the transactions contemplated hereby is superseded by this Agreement and the other Loan Documents. Except as expressly provided herein or in the other Financing AgreementsLoan Documents, nothing in this Agreement or in the other Financing AgreementsLoan Documents, expressed or implied, is intended to confer upon any party, other than the parties hereto, any rights, remedies, obligations or liabilities under or by reason of this Agreement or the other Financing AgreementsLoan Documents. (b) EXCEPT AS PROHIBITED BY LAWExcept as prohibited by law, EACH PARTY HERETO HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OFeach party hereto hereby waives any right it may have to a trial by jury in respect of any litigation directly or indirectly arising out of, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE OTHER FINANCING AGREEMENTSunder or in connection with this Agreement, any of the other Loan Documents or the transactions contemplated hereby. (c) Except as prohibited by law, each party hereto hereby waives any right it may have to claim or recover in any litigation arising under the Financing Agreements, referred to in paragraph (b) of this Section 9.14 any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages.. 124 119 (d) Each party hereto (i) certifies that no representative, Lender agent or attorney of the any Lender has represented, expressly or otherwise, that the such Lender would not, in the event of litigation, seek to enforce the foregoing waivers and (ii) acknowledges that it has been induced to enter into this Agreement or the other Financing AgreementsLoan Documents, as applicable, by, among other things, the mutual waivers and certifications herein.

Entire Agreement; Waiver of Jury Trial, etc. (a) This Agreement Agreement, the Revolving Credit Notes and the other Financing Agreements Loan Documents constitute the entire contract between the parties hereto relative to the subject matter hereofhereof and thereof. Any previous agreement among the parties hereto with respect to the transactions contemplated hereby and thereby is superseded by this Agreement, the Revolving Credit Notes and the other Loan Documents. Except as expressly provided herein in this Agreement, the Revolving Credit Notes or in the other Financing AgreementsLoan Documents, nothing in this Agreement Agreement, the Revolving Credit Notes or in the other Financing Agreements, expressed or implied, Loan Documents is intended to confer upon any party, other than the parties hereto, any rights, remedies, obligations or liabilities under or by reason of this Agreement Agreement, the Revolving Credit Notes or the other Financing AgreementsLoan Documents. (b) EXCEPT AS PROHIBITED BY LAW, EACH PARTY HERETO THE BORROWER HEREBY EXPRESSLY WAIVES ANY AND EVERY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT ANY ACTION ON OR RELATED TO ANY OF THE LOAN DOCUMENTS OR THE ENFORCEMENT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER ALL OF THE SAME. THE BORROWER HEREBY EXPRESSLY WAIVES ANY RIGHT TO INTERPOSE A COUNTERCLAIM IN ANY ACTION OR IN CONNECTION WITH PROCEEDING ON OR RELATED TO THIS AGREEMENT AND THE OTHER FINANCING AGREEMENTSEXCEPT FOR MANDATORY COUNTERCLAIMS. (c) Except as prohibited by law, each party hereto hereby waives any right it may have to claim or recover in any litigation arising under the Financing Agreements, referred to in paragraph (b) of this Section 10.10 any special, exemplary, exemplary or punitive or consequential damages or any damages other than, or in addition to, actual damages. (d) Each party hereto (i) certifies that no representative, Lender agent or attorney of the any Lender has represented, expressly or otherwise, that the such Lender would not, in the event of litigation, seek to enforce the foregoing waivers and (ii) acknowledges that it has been induced to enter into this Agreement Agreement, the Revolving Credit Notes or the other Financing AgreementsLoan Documents, as applicable, by, among other things, the mutual waivers and certifications herein.

Entire Agreement; Waiver of Jury Trial, etc. (a) This Agreement and the other Financing Agreements Guaranty constitute the entire contract between the parties hereto relative to the subject matter hereof. Except as expressly provided herein or in the other Financing Agreements, nothing Nothing in this Agreement or in the other Financing AgreementsGuaranty, expressed or implied, is intended to confer upon any party, other than the parties hereto, any rights, remedies, obligations or liabilities under or by reason of this Agreement or the other Financing AgreementsGuaranty. (b) EXCEPT AS PROHIBITED BY LAW, EACH PARTY HERETO THE PLEDGOR HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE OTHER FINANCING AGREEMENTS. (c) Except as prohibited by law, each party hereto hereby waives any right it may have to claim or recover in any litigation arising under the Financing Agreements, referred to in paragraph (b) of this Section 13 any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. (d) Each party hereto (i) certifies that no representative, Lender or attorney of the Lender has represented, expressly or otherwise, that the Lender would not, in the event of litigation, seek to enforce the foregoing waivers and (ii) acknowledges that it has been induced to enter into this Agreement or the other Financing Agreements, as applicable, by, among other things, the mutual waivers and certifications herein.

Entire Agreement; Waiver of Jury Trial, etc. (a) This Agreement and the other Financing Agreements Debenture constitute the entire contract between the parties hereto relative to the subject matter hereof. Except as expressly provided herein or in the other Financing Agreementsherein, nothing in this Agreement or in the other Financing AgreementsAgreement, expressed or implied, is intended to confer upon any party, other than the parties hereto, any rights, remedies, obligations or liabilities under or by reason of this Agreement the other Financing Agreements. (b) EXCEPT AS PROHIBITED BY LAW, EACH PARTY HERETO HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE OTHER FINANCING AGREEMENTS. (c) Except as prohibited by law, each party hereto hereby waives any right it may have to claim or recover in any litigation arising under the Financing Agreements, any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. (d) Each party hereto (i) certifies that no representative, Lender or attorney of the Lender has represented, expressly or otherwise, that the Lender would not, in the event of litigation, seek to enforce the foregoing waivers and (ii) acknowledges that it has been induced to enter into this Agreement or the other Financing Agreements, as applicable, by, among other things, the mutual waivers and certifications herein.

Entire Agreement; Waiver of Jury Trial, etc. (a) This Agreement and the other Financing Transaction Agreements constitute the entire contract between the parties hereto relative to the subject matter hereof. Any previous agreement among the parties hereto with respect to the transactions contemplated by the Purchase Agreement is superseded by this Agreement, the Purchase Agreement and the other Transaction Agreements. Except as expressly provided herein or in the other Financing Transaction Agreements, nothing in this Agreement or in the other Financing Transaction Agreements, expressed or implied, is intended to confer upon any party, other than the parties hereto, any rights, remedies, obligations or liabilities under or by reason of this Agreement the other Financing Transaction Agreements. (b) EXCEPT AS PROHIBITED BY LAWExcept as prohibited by law, EACH PARTY HERETO HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OFeach party hereto hereby waives any right it may have to a trial by jury in respect of any litigation directly or indirectly arising out of, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE OTHER FINANCING AGREEMENTSunder or in connection with this Agreement and the other Transaction Agreements. (c) Except as prohibited by law, each party hereto hereby waives any right it may have to claim or recover in any litigation arising under the Financing Agreementsreferred to in paragraph (b) of this Section 19, any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. (d) Each party hereto (i) certifies that no representative, Lender agent or attorney of the Lender Agent or any Purchaser has represented, expressly or otherwise, that the Lender Agent or such Purchaser would not, in the event of litigation, seek to enforce the foregoing waivers and (ii) acknowledges that it has been induced to enter into this Agreement or the other Financing Transaction Agreements, as applicable, by, among other things, the mutual waivers and certifications herein.

Entire Agreement; Waiver of Jury Trial, etc. (a) This Agreement Agreement, the Notes and the other Financing Agreements Loan Documents constitute the entire contract between the parties hereto relative to the subject matter hereof. Any previous agreement among the parties hereto with respect to the Transactions is superseded by this Agreement, the Notes and the other Loan Documents. Except as expressly provided herein in this Agreement, the Notes or the other Loan Documents, nothing in this Agreement, the Notes or in the other Financing Agreements, nothing in this Agreement or in the other Financing Agreements, expressed or implied, Loan Documents is intended to confer upon any party, other than the parties hereto, any rights, remedies, obligations or liabilities under or by reason of this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents. (b) EXCEPT AS PROHIBITED BY LAWExcept as prohibited by law, EACH PARTY HERETO HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OFeach party hereto hereby waives any right it may have to a trial by jury in respect of any litigation directly or indirectly arising out of, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE OTHER FINANCING AGREEMENTSunder or in connection with this Agreement, the Notes, any of the other Loan Documents or the Transactions. (c) Except as prohibited by law, each party hereto hereby waives any right it may have to claim or recover in any litigation arising under the Financing Agreements, referred to in paragraph (b) of this Section 11.10 any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. (d) Each party hereto (i) certifies that no representative, Lender agent or attorney of the any Lender has represented, expressly or otherwise, that the such Lender would not, in the event of litigation, seek to enforce the foregoing waivers and (ii) acknowledges that it has been induced to enter into this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents, as applicable, by, among other things, the mutual waivers and certifications herein.

Entire Agreement; Waiver of Jury Trial, etc. (a) This Agreement Agreement, the Notes, the Fee Letter and the other Financing Agreements Loan Documents constitute the entire contract between the parties hereto relative to the subject matter hereof. Any previous agreement among the parties hereto with respect to the Transactions is superseded by this Agreement, the Notes, the Fee Letter and the other Loan Documents. Except as expressly provided herein or in the Notes, the Fee Letter or the Loan Documents (other Financing Agreementsthan this Agreement), nothing in this Agreement Agreement, the Notes, the Fee Letter or in the other Financing AgreementsLoan Documents, expressed or implied, is intended to confer upon any party, other than the parties hereto, any rights, remedies, obligations or liabilities under or by reason of this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents. (b) EXCEPT AS PROHIBITED BY LAW, EACH PARTY HERETO HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND AGREEMENT, THE NOTES, ANY OF THE OTHER FINANCING AGREEMENTSLOAN DOCUMENTS OR THE TRANSACTIONS. (c) Except as prohibited by law, each party hereto hereby waives any right it may have to claim or recover in any litigation arising under the Financing Agreements, referred to in paragraph (b) of this Section 11.10 any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. (d) Each party hereto (i) certifies that no representative, Lender agent or attorney of the any Lender has represented, expressly or otherwise, that the such Lender would not, in the event of litigation, seek to enforce the foregoing waivers and (ii) acknowledges that it has been induced to enter into this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents, as applicable, by, among other things, the mutual waivers and certifications herein.

Entire Agreement; Waiver of Jury Trial, etc. (a) This Agreement and the other Financing Transaction Agreements constitute the entire contract between the parties hereto relative to the subject matter hereof. Any previous agreement among the parties hereto with respect to the transactions contemplated by the Purchase Agreement is superseded by this Agreement, the Purchase Agreement and the other Transaction Agreements. Except as expressly provided herein or in the other Financing Transaction Agreements, nothing in this Agreement or in the other Financing Transaction Agreements, expressed or implied, is intended to confer upon any party, other than the parties hereto, any rights, remedies, obligations or liabilities under or by reason of this Agreement the other Financing Transaction Agreements. (b) EXCEPT AS PROHIBITED BY LAWExcept as prohibited by law, EACH PARTY HERETO HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OFeach party hereto hereby waives any right it may have to a trial by jury in respect of any litigation directly or indirectly arising out of, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE OTHER FINANCING AGREEMENTSunder or in connection with this Agreement and the other Transaction Agreements. (c) Except as prohibited by law, each party hereto hereby waives any right it may have to claim or recover in any litigation arising under the Financing Agreements, referred to in paragraph (b) of this Section 5.04 any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. (d) Each party hereto (i) certifies that no representative, Lender agent or attorney of the Lender Agent or any Purchaser has represented, expressly or otherwise, that the Lender Agent or such Purchaser would not, in the event of litigation, seek to enforce the foregoing waivers and (ii) acknowledges that it has been induced to enter into this Agreement or the other Financing Transaction Agreements, as applicable, by, among other things, the mutual waivers and certifications herein.

Entire Agreement; Waiver of Jury Trial, etc. (a) This Agreement Agreement, the Notes and the other Financing Agreements Loan Documents constitute the entire contract between the parties hereto relative to the subject matter hereof. Any previous agreement among the parties hereto with respect to the Transactions is superseded by this Agreement, the Notes and the other Loan Documents. Except as expressly provided herein or in the Notes or the Loan Documents (other Financing Agreementsthan this Agreement), nothing in this Agreement Agreement, the Notes or in the other Financing AgreementsLoan Documents, expressed or implied, is intended to confer upon any party, other than the parties hereto, any rights, remedies, obligations or liabilities under or by reason of this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents. (b) EXCEPT AS PROHIBITED BY LAW, EACH PARTY HERETO HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND AGREEMENT, THE NOTES, ANY OF THE OTHER FINANCING AGREEMENTSLOAN DOCUMENTS OR THE TRANSACTIONS. (c) Except as prohibited by law, each party hereto hereby waives any right it may have to claim or recover in any litigation arising under the Financing Agreements, referred to in paragraph (b) of this Section 11.10 any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. (d) Each party hereto (i) certifies that no representative, Lender agent or attorney of the any Lender has representedrep- resented, expressly or otherwise, that the such Lender would not, in the event of litigation, seek to enforce the foregoing waivers and (ii) acknowledges that it has been induced to enter into this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents, as applicable, by, among other things, the mutual waivers and certifications herein.

Entire Agreement; Waiver of Jury Trial, etc. (a) This Agreement Agreement, the Notes and the other Financing Agreements Loan Documents constitute the entire contract between the parties hereto relative to the subject matter hereof. Any previous agreement among the parties hereto with respect to the Transactions is superseded by this Agreement, the Notes and the other Loan Documents. Except as expressly provided herein or in the Notes or the Loan Documents (other Financing Agreementsthan this Agreement), nothing in this Agreement Agreement, the Notes or in the other Financing AgreementsLoan Documents, expressed or implied, is intended to confer upon any party, other than the parties hereto, any rights, remedies, obligations or liabilities under or by reason of this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents. (b) EXCEPT AS PROHIBITED BY LAWExcept as prohibited by law, EACH PARTY HERETO HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OFeach party hereto hereby waives any right it may have to a trial by jury in respect of any litigation directly or indirectly arising out of, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE OTHER FINANCING AGREEMENTSunder or in connection with this Agreement, the Notes, any of the other Loan Documents or the Transactions. (c) Except as prohibited by law, each party hereto hereby waives any right it may have to claim or recover in any litigation arising under the Financing Agreements, referred to in paragraph (b) of this Section 11.10 any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. (d) Each party hereto (i) certifies that no representative, Lender agent or attorney of the any Lender has represented, expressly or otherwise, that the such Lender would not, in the event of litigation, seek to enforce the foregoing waivers and (ii) acknowledges that it has been induced to enter into this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents, as applicable, by, among other things, the mutual waivers and certifications herein.

Entire Agreement; Waiver of Jury Trial, etc. (a) This Agreement ------------------------------------------- Agreement, the Notes and the other Financing Agreements Loan Documents constitute the entire contract between the parties hereto relative to the subject matter hereof. Any previous agreement (other than the Fee Letter) among the parties hereto with respect to the Transactions is superseded by this Agreement, the Notes and the other Loan Documents. Except as expressly provided herein or in the Notes or the Loan Documents (other Financing Agreementsthan this Agreement), nothing in this Agreement Agreement, the Notes or in the other Financing AgreementsLoan Documents, expressed or implied, is intended to confer upon any party, other than the parties hereto, any rights, remedies, obligations or liabilities under or by reason of this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents. (b) EXCEPT AS PROHIBITED BY LAWExcept as prohibited by law, EACH PARTY HERETO HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OFeach party hereto hereby waives any right it may have to a trial by jury in respect of any litigation directly or indirectly arising 113 out of, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE OTHER FINANCING AGREEMENTSunder or in connection with this Agreement, the Notes, any of the other Loan Documents or the Transactions. (c) Except as prohibited by law, each party hereto hereby waives any right it may have to claim or recover in any litigation arising under the Financing Agreements, referred to in paragraph (b) of this Section 11.10 any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. (d) Each party hereto (i) certifies that no representative, Lender agent or attorney of the any Lender has represented, expressly or otherwise, that the such Lender would not, in the event of litigation, seek to enforce the foregoing waivers and (ii) acknowledges that it has been induced to enter into this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents, as applicable, by, among other things, the mutual waivers and certifications herein.

Entire Agreement; Waiver of Jury Trial, etc. (a) This Agreement Agreement, the Notes and the other Financing Agreements Loan Documents constitute the entire contract between the parties hereto relative to the subject matter hereof. Any previous agreement among the parties hereto with respect to the transactions hereunder (other than the Fee Letter) is superseded by this Agreement, the Notes and the other Loan Documents. Except as expressly provided herein or in the Notes or the Loan Documents (other Financing Agreementsthan this Agreement), nothing in this Agreement Agreement, the Notes or in the other Financing AgreementsLoan Documents, expressed or implied, is intended to confer upon any party, other than the parties hereto, any rights, remedies, obligations or liabilities under or by reason of this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents. (a) Except as prohibited by law, each party hereto hereby waives any right it may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with this Agreement, the Notes, any of the other Loan Documents or the transactions hereunder. (b) EXCEPT AS PROHIBITED BY LAW, EACH PARTY HERETO HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE OTHER FINANCING AGREEMENTS. (c) Except as prohibited by law, each party hereto hereby waives any right it may have to claim or recover in any litigation arising under the Financing Agreements, referred to in paragraph (b) of this Section 11.10 any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. (dc) Each party hereto (i) certifies that no representative, Lender agent or attorney of the any Lender has represented, expressly or otherwise, that the such Lender would not, in the event of litigation, seek to enforce the foregoing waivers and (ii) acknowledges that it has been induced to enter into this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents, as applicable, by, among other things, the mutual waivers and certifications herein.

Entire Agreement; Waiver of Jury Trial, etc. (a) This Agreement and the other Financing Agreements constitute the entire contract between the parties hereto relative to the subject matter hereof. Except as expressly provided herein or in the other Financing Agreements, nothing in this Agreement or in the other Financing Agreements, expressed or implied, is intended to confer upon any party, other than the parties hereto, any rights, remedies, obligations or liabilities under or by reason of this Agreement or the other Financing Agreements. (b) EXCEPT AS PROHIBITED BY LAW, EACH PARTY HERETO HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE OTHER FINANCING AGREEMENTS. (c) Except as prohibited by law, each party hereto hereby waives any right it may have to claim or recover in any litigation arising under the Financing Agreements, referred to in paragraph (b) of this Section 5.04 any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. (d) Each party hereto (i) certifies that no representative, Lender agent or attorney of the Lender has represented, expressly or otherwise, that the Lender would not, in the event of litigation, seek to enforce the foregoing waivers and (ii) acknowledges that it has been induced to enter into this Agreement or the other Financing Agreements, as applicable, by, among other things, the mutual waivers and certifications herein.

Entire Agreement; Waiver of Jury Trial, etc. (a) This Agreement Agreement, the Notes and the other Financing Agreements Loan Documents constitute the entire contract between the parties hereto relative to the subject matter hereof. Any previous agreement among the parties hereto with respect to the Transactions is superseded by this Agreement, the Notes and the other Loan Documents. Except as expressly provided herein or in the Notes or the Loan Documents (other Financing Agreementsthan this Agreement), nothing in this Agreement Agreement, the Notes or in the other Financing AgreementsLoan Documents, expressed or implied, is intended to confer upon any party, other than the parties hereto, any rights, remedies, obligations or liabilities under or by reason of this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents. (b1) EXCEPT AS PROHIBITED BY LAWExcept as prohibited by law, EACH PARTY HERETO HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OFeach party hereto hereby waives any right it may have to a trial by jury in respect of any litigation directly or indirectly arising out of, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE OTHER FINANCING AGREEMENTSunder or in connection with this Agreement, the Notes, any of the other Loan Documents or the Transactions. (c2) Except as prohibited by law, each party hereto hereby waives any right it may have to claim or recover in any litigation arising under the Financing Agreements, referred to in paragraph (b) of this Section 9.09 any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. (d3) Each party hereto (i) certifies that no representative, Lender agent or attorney of the any Lender has represented, expressly or otherwise, that the such Lender would not, in the event of litigation, seek to enforce the foregoing waivers and (ii) acknowledges that it has been induced to enter into this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents, as applicable, by, among other things, the mutual waivers and certifications herein.

Entire Agreement; Waiver of Jury Trial, etc. (a) This Agreement Agreement, the Notes and the other Financing Agreements Loan Documents constitute the entire contract between the parties hereto relative to the subject matter hereof. Any previous agreement among the parties hereto with respect to the Transactions is superseded by this Agreement, the Notes and the other Loan Documents. Except as expressly provided herein or in the Notes or the Loan Documents (other Financing Agreementsthan this Agreement), nothing in this Agreement Agreement, the Notes or in the other Financing AgreementsLoan Documents, expressed or implied, is intended to confer upon any party, other than the parties hereto, any rights, remedies, obligations or liabilities under or by reason of this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents. (b1) EXCEPT AS PROHIBITED BY LAWExcept as prohibited by law, EACH PARTY HERETO HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OFeach party hereto hereby waives any right it may have to a trial by jury in respect of any litigation directly or indirectly arising out of, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE OTHER FINANCING AGREEMENTSunder or in connection with this Agreement, the Notes, any of the other Loan Documents or the Transactions. (c2) Except as prohibited by law, each party hereto hereby waives any right it may have to claim or recover in any litigation arising under the Financing Agreements, referred to in paragraph (b) of this Section 11.10 any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. (d3) Each party hereto (i) certifies that no representative, Lender agent or attorney of the any Lender has represented, expressly or otherwise, that the such Lender would not, in the event of litigation, seek to enforce the foregoing waivers and (ii) acknowledges that it has been induced to enter into this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents, as applicable, by, among other things, the mutual waivers and certifications herein.

Entire Agreement; Waiver of Jury Trial, etc. (a) This Agreement Agreement, the Notes and the other Financing Agreements Loan Documents constitute the entire contract between the parties hereto relative to the subject matter hereof. Any previous agreement among the parties hereto with respect to the transactions hereunder is superseded by this Agreement, the Notes and the other Loan Documents. Except as expressly provided herein or in the Notes or the Loan Documents (other Financing Agreementsthan this Agreement), nothing in this Agreement Agreement, the Notes or in the other Financing AgreementsLoan Documents, expressed or implied, is intended to confer upon any party, other than the parties hereto, any rights, remedies, obligations or liabilities under or by reason of this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents. (b) EXCEPT AS PROHIBITED BY LAWExcept as prohibited by law, EACH PARTY HERETO HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OFeach party hereto hereby waives any right it may have to a trial by jury in respect of any litigation directly or indirectly arising out of, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE OTHER FINANCING AGREEMENTSunder or in connection with this Agreement, the Notes, any of the other Loan Documents or the transactions hereunder. (c) Except as prohibited by law, each party hereto hereby waives any right it may have to claim or recover in any litigation arising under the Financing Agreements, referred to in paragraph (b) of this Section 11.10 any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. (d) Each party hereto (i) certifies that no representative, Lender agent or attorney of the any Lender has represented, expressly or otherwise, that the such Lender would not, in the event of litigation, seek to enforce the foregoing waivers and (ii) acknowledges that it has been induced to enter into this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents, as applicable, by, among other things, the mutual waivers and certifications herein.

Entire Agreement; Waiver of Jury Trial, etc. (a) This Agreement Agreement, ------------------------------------------- the Notes and the other Financing Agreements Loan Documents constitute the entire contract between the parties hereto relative to the subject matter hereof. Any previous agreement among the parties hereto with respect to the transactions contemplated hereby is superseded by this Agreement, the Notes and the other Loan Documents. Except as expressly provided herein in this Agreement, the Notes or the other Loan Documents, nothing in this Agreement, the Notes or in the other Financing Agreements, nothing in this Agreement or in the other Financing Agreements, expressed or implied, Loan Documents is intended to confer upon any party, other than the parties hereto, any rights, remedies, obligations or liabilities under or by reason of this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents. (b) EXCEPT AS PROHIBITED BY LAW, EACH PARTY HERETO THE BORROWER HEREBY EXPRESSLY WAIVES ANY AND EVERY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT ANY ACTION ON OR RELATED TO ANY OF THE LOAN DOCUMENTS OR THE ENFORCEMENT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER ALL OF THE SAME. THE BORROWER HEREBY EXPRESSLY WAIVES ANY RIGHT TO INTERPOSE A COUNTERCLAIM IN ANY ACTION OR IN CONNECTION WITH PROCEEDING ON OR RELATED TO THIS AGREEMENT AND THE OTHER FINANCING AGREEMENTSEXCEPT FOR MANDATORY COUNTERCLAIMS. (c) Except as prohibited by law, each party hereto hereby waives any right it may have to claim or recover in any litigation arising under the Financing Agreements, any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. (d) Each party hereto (i) certifies that no representative, Lender Administrative Agent or attorney of the any Lender has represented, expressly or otherwise, that the such Lender would not, in the event of litigation, seek to enforce the foregoing waivers and (ii) acknowledges that it has been induced to enter into this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents, as applicable, by, among other things, the mutual waivers and certifications herein.

Entire Agreement; Waiver of Jury Trial, etc. (a) This Agreement Agreement, the Notes and the other Financing Agreements Loan Documents constitute the entire contract between the parties hereto relative to the subject matter hereof. Any previous agreement among the parties hereto with respect to the Transactions is superseded by this Agreement, the Notes and the other Loan Documents. Except as expressly provided herein or in the Notes or the Loan Documents (other Financing Agreementsthan this Agreement), nothing in this Agreement Agreement, the Notes or in the other Financing AgreementsLoan Documents, expressed or implied, is intended to confer upon any party, other than the parties hereto, any rights, 103 remedies, obligations or liabilities under or by reason of this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents. (b) EXCEPT AS PROHIBITED BY LAWExcept as prohibited by law, EACH PARTY HERETO HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OFeach party hereto hereby waives any right it may have to a trial by jury in respect of any litigation directly or indirectly arising out of, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE OTHER FINANCING AGREEMENTSunder or in connection with this Agreement, the Notes, any of the other Loan Documents or the Transactions. (c) Except as prohibited by law, each party hereto hereby waives any right it may have to claim or recover in any litigation arising under the Financing Agreements, referred to in paragraph (b) of this Section 11.10 any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. (d) Each party hereto (i) certifies that no representative, Lender agent or attorney of the any Lender has represented, expressly or otherwise, that the such Lender would not, in the event of litigation, seek to enforce the foregoing waivers and (ii) acknowledges that it has been induced to enter into this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents, as applicable, by, among other things, the mutual waivers and certifications herein.

Entire Agreement; Waiver of Jury Trial, etc. (a) This Agreement and the other Financing Agreements Debenture constitute the entire contract between the parties hereto relative to the subject matter hereof. Except as expressly provided herein or in the other Financing Agreementsherein, nothing in this Agreement or in the other Financing AgreementsAgreement, expressed or implied, is intended to confer upon any party, other than the parties hereto, any rights, remedies, obligations or liabilities under or by reason of this Agreement the other Financing Agreements. (b) EXCEPT AS PROHIBITED BY LAW, EACH PARTY HERETO HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE OTHER FINANCING AGREEMENTS. (c) Except as prohibited by law, each party hereto hereby waives any right it may have to claim or recover in any litigation arising under the Financing Agreementshereunder, any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. (d) Each party hereto (i) certifies that no representative, Lender or attorney of the Lender has represented, expressly or otherwise, that the Lender would not, in the event of litigation, seek to enforce the foregoing waivers and (ii) acknowledges that it has been induced to enter into this Agreement or the other Financing Agreements, as applicableAgreement, by, among other things, the mutual waivers and certifications herein.

Entire Agreement; Waiver of Jury Trial, etc. (a) This Agreement Agreement, the Notes and the other Financing Agreements Loan Documents constitute the entire contract between the parties hereto relative to the subject matter hereof. Any previous agreement among the parties hereto with respect to the Transactions is superseded by this Agreement, the Notes and the other Loan Documents. Except as expressly provided herein or in the Notes or the Loan Documents (other Financing Agreementsthan this Agreement), nothing in this Agreement Agreement, the Notes or in the other Financing AgreementsLoan Documents, expressed or implied, is intended to confer upon any party, other than the parties hereto, any rights, remedies, obligations or liabilities under or by reason of this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents. (b) EXCEPT AS PROHIBITED BY LAWExcept as prohibited by law, EACH PARTY HERETO HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OFeach party hereto hereby waives any right it may have to a trial by jury in respect of any litigation directly or indirectly arising out of, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE OTHER FINANCING AGREEMENTSunder or in connection with this Agreement, the Notes, any of the other Loan Documents or the Transactions. (c) Except as prohibited by law, each party hereto hereby waives any right it may have to claim or recover in any litigation arising under the Financing Agreements, referred to in paragraph (b) of this Section 9.09 any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. (d) Each party hereto (i) certifies that no representative, Lender agent or attorney of the any Lender has represented, expressly or otherwise, that the such Lender would not, in the event of litigation, seek to enforce the foregoing waivers and (ii) acknowledges that it has been induced to enter into this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents, as applicable, by, among other things, the mutual waivers and certifications herein.

Entire Agreement; Waiver of Jury Trial, etc. (a) This Agreement Agreement, the Notes and the other Financing Agreements Loan Documents constitute the entire contract between the parties hereto relative to the subject matter hereof. Except as expressly provided herein Any previous agreement among the parties hereto with respect to the Transactions is superseded by this Agreement, the Notes and the other Loan Documents. Nothing in this Agreement, the Notes or in the other Financing Agreements, nothing in this Agreement or in the other Financing AgreementsLoan Documents, expressed or implied, is intended to confer upon any party, other than the parties hereto, any rights, remedies, obligations or liabilities under or by reason of this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents. (b) EXCEPT AS PROHIBITED BY LAW, EACH PARTY HERETO HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND AGREEMENT, THE NOTES, ANY OF THE OTHER FINANCING AGREEMENTSLOAN DOCUMENTS OR THE TRANSACTIONS. (c) Except as prohibited by law, each party hereto hereby waives any right it may have to claim or recover in any litigation arising under the Financing Agreements, referred to in paragraph (b) of this Section 9.10 any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages.. Doc #1273038 (d) Each party hereto (i) certifies that no representative, Lender agent or attorney of the Lender has represented, expressly or otherwise, that the Lender would not, in the event of litigation, seek to enforce the foregoing waivers and (ii) acknowledges that it has been induced to enter into this Agreement Agreement, the Notes or the other Financing AgreementsLoan Documents, as applicable, by, among other things, the mutual waivers and certifications herein.