Common use of JURY WAIVER Clause in Contracts

JURY WAIVER. THE COMPANY AND THE INVESTOR AGREE THAT NEITHER OF THEM NOR ANY ASSIGNEE OR SUCCESSOR SHALL (A) SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER ACTION BASED UPON, OR ARISING OUT OF, THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTS, ANY RELATED INSTRUMENTS, ANY COLLATERAL OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEM, OR (B) SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER THE COMPANY NOR ANY OF THE INVESTOR HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS SECTION WILL NOT BE FULLY ENFORCED IN ALL INSTANCES.

JURY WAIVER. THE COMPANY SECURED PARTY (BY ITS ACCEPTANCE HEREOF) AND THE INVESTOR DEBTOR AGREE THAT NEITHER OF THEM THEM, NOR ANY ASSIGNEE OR SUCCESSOR SHALL (A) SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER ACTION BASED UPON, OR ARISING OUT OF, THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTSAGREEMENT, ANY RELATED INSTRUMENTS, ANY COLLATERAL OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEM, OR (B) SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS OF THIS SECTION PARAGRAPH HAVE BEEN FULLY DISCUSSED BY THE SECURED PARTY AND THE DEBTOR, AND THESE PROVISIONS SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER THE COMPANY SECURED PARTY NOR ANY OF THE INVESTOR DEBTOR HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS SECTION PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES.

JURY WAIVER. THE COMPANY BORROWER AND THE INVESTOR AGREE THAT NEITHER OF THEM NOR ANY ASSIGNEE OR SUCCESSOR SHALL LENDER EACH HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY, AND AFTER AN OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL, (A) SEEK WAIVES ANY AND ALL RIGHTS TO A TRIAL BY JURY TRIAL IN ANY LAWSUITACTION OR PROCEEDING IN CONNECTION WITH THIS AGREEMENT, PROCEEDINGTHE OBLIGATIONS, COUNTERCLAIM, OR ANY OTHER ACTION BASED UPON, OR ARISING OUT OF, THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTS, ANY RELATED INSTRUMENTS, ANY COLLATERAL OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEM, OR ALL MATTERS CONTEMPLATED HEREBY AND DOCUMENTS EXECUTED IN CONNECTION HEREWITH AND (B) AGREES NOT TO SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE BE, OR HAS NOT BEEN BEEN, WAIVED; PROVIDED, HOWEVER, . THE BORROWER CERTIFIES THAT THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER THE COMPANY LENDER NOR ANY OF ITS REPRESENTATIVES, AGENTS OR COUNSEL HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT LENDER WOULD NOT IN THE INVESTOR HAS AGREED WITH OR REPRESENTED EVENT OF ANY SUCH PROCEEDING SEEK TO THE OTHER THAT THE PROVISIONS ENFORCE THIS WAIVER OF THIS SECTION WILL NOT BE FULLY ENFORCED IN ALL INSTANCESRIGHT TO TRIAL BY JURY. In Witness Whereof the parties have entered into this Loan Agreement on the date set forth in the first paragraph hereinabove.

JURY WAIVER. THE COMPANY AGENT (BY ITS ACCEPTANCE HEREOF) AND THE INVESTOR EACH GUARANTOR AGREE THAT NEITHER NONE OF THEM NOR THEM, INCLUDING ANY ASSIGNEE OR SUCCESSOR SHALL (A) SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER ACTION LITIGATION PROCEDURE BASED UPON, OR ARISING OUT OF, THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTSGUARANTY, ANY RELATED INSTRUMENTS, ANY COLLATERAL OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEM, OR (B) . NEITHER THE AGENT NOR ANY GUARANTOR SHALL SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS OF THIS SECTION PARAGRAPH HAVE BEEN FULLY DISCUSSED BY THE AGENT AND THE GUARANTORS, AND THESE PROVISIONS SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER THE COMPANY AGENT NOR ANY OF THE INVESTOR GUARANTOR HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS SECTION PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES.

JURY WAIVER. THE COMPANY BANK (BY ITS ACCEPTANCE OF THIS ASSIGNMENT) AND THE INVESTOR UNDERSIGNED AGREE THAT NEITHER OF THEM NOR ANY ASSIGNEE OR SUCCESSOR SHALL (A) SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER ACTION BASED UPON, OR ARISING OUT OF, THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTSASSIGNMENT, ANY RELATED INSTRUMENTS, ANY COLLATERAL OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEM, OR (B) SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS OF THIS SECTION PARAGRAPH SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER THE COMPANY BANK NOR ANY OF THE INVESTOR UNDERSIGNED HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS SECTION PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES.

JURY WAIVER. TO THE COMPANY EXTENT NOT PROHIBITED BY APPLICABLE LAW WHICH CANNOT BE WAIVED, EACH PARTY HERETO HEREBY WAIVES, AND THE INVESTOR AGREE COVENANTS THAT NEITHER OF THEM NOR IT WILL NOT ASSERT (WHETHER AS PLAINTIFF, DEFENDANT, OR OTHERWISE), ANY ASSIGNEE OR SUCCESSOR SHALL (A) SEEK A RIGHT TO TRIAL BY JURY TRIAL IN ANY LAWSUITFORUM IN RESPECT OF ANY ISSUE, PROCEEDINGCLAIM, COUNTERCLAIMDEMAND, ACTION, OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT, ANY OTHER ACTION BASED UPONOF THE SURETY CREDIT DOCUMENTS, OR THE SUBJECT MATTER HEREOF, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING OUT OF, THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTS, ANY RELATED INSTRUMENTS, ANY COLLATERAL WHETHER IN CONTRACT OR THE DEALINGS TORT OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEM, OR (B) SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR OTHERWISE. EACH PARTY HERETO ACKNOWLEDGES THAT IT HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER THE COMPANY NOR ANY OF THE INVESTOR HAS AGREED WITH OR REPRESENTED TO THE OTHER INFORMED THAT THE PROVISIONS OF THIS SECTION 41 CONSTITUTE A MATERIAL INDUCEMENT UPON WHICH THE OTHER PARTIES HAVE RELIED, ARE RELYING, AND WILL NOT BE FULLY ENFORCED RELY IN ALL INSTANCESENTERING INTO THIS AGREEMENT. THE PARTIES HERETO MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION 41 WITH ANY COURT A WRITTEN EVIDENCE OF THE CONSENT OF SUCH OTHER PARTY TO THE WAIVER OF ITS RIGHTS TO TRIAL BY JURY.

JURY WAIVER. THE COMPANY PARTIES HERETO IRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY CLAIM. EACH OF THE BORROWERS, THE LENDER, AND THE INVESTOR AGREE SWINGLINE LENDER HEREBY IRREVOCABLY AND VOLUNTARILY WAIVES ANY RIGHT TO TRIAL BY JURY AND AGREES THAT NEITHER OF THEM NOR NEITHER, INCLUDING ANY ASSIGNEE OR SUCCESSOR SUCCESSOR, SHALL (A) SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER ACTION LITIGATION PROCEDURE BASED UPON, OR ARISING OUT OF, THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTSAGREEMENT, ANY NOTE, ANY COLLATERAL DOCUMENTS AND OTHER RELATED INSTRUMENTSAGREEMENTS, ANY COLLATERAL OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG THE PARTIES, OR ANY OF THEM. NEITHER THE BORROWERS, NOR ANY OF THEM, OR (B) NOR ANY LENDER WILL SEEK TO CONSOLIDATE ANY SUCH ACTION ACTION, IN WHICH A JURY TRIAL HAS BEEN WAIVED, WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS OF THIS SECTION HAVE BEEN FULLY DISCUSSED BY THE PARTIES AND THESE PROVISIONS SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER THE COMPANY UNDERSIGNED NOR ANY OF THE INVESTOR LENDER NOR SWINGLINE LENDER HAS IN ANY WAY AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS SECTION WILL NOT BE FULLY ENFORCED IN ALL INSTANCES. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS AGREEMENT.

JURY WAIVER. EACH LOAN PARTY, THE COMPANY AGENT AND THE INVESTOR AGREE THAT NEITHER OF THEM NOR ANY ASSIGNEE OR SUCCESSOR SHALL EACH LENDER HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY, AND AFTER AN OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL, HEREBY (A) SEEK WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY TRIAL IN ANY LAWSUITACTION OR PROCEEDING IN CONNECTION WITH THIS AGREEMENT, PROCEEDINGTHE OBLIGATIONS, COUNTERCLAIM, OR ANY OTHER ACTION BASED UPON, OR ARISING OUT OF, THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTS, ANY RELATED INSTRUMENTS, ANY COLLATERAL OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEM, OR ALL MATTERS CONTEMPLATED HEREBY AND DOCUMENTS EXECUTED IN CONNECTION HEREWITH AND (B) AGREE NOT TO SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE BE, OR HAS NOT BEEN BEEN, WAIVED; PROVIDED. EACH LOAN PARTY CERTIFIES THAT NEITHER THE AGENT, HOWEVERNOR ANY LENDER, NOR ANY OF THEIR RESPECTIVE REPRESENTATIVES, AGENTS OR COUNSEL HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE FOREGOING SHALL AGENT WOULD NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS EVENT OF ANY SUCH PROCEEDING SEEK TO ENFORCE THIS SECTION SHALL BE SUBJECT WAIVER OF RIGHT TO NO EXCEPTIONS. NEITHER THE COMPANY NOR ANY OF THE INVESTOR HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS SECTION WILL NOT BE FULLY ENFORCED IN ALL INSTANCESTRIAL BY JURY.

JURY WAIVER. THE COMPANY AND THE INVESTOR AGREE THAT NEITHER OF THEM NOR ANY ASSIGNEE OR SUCCESSOR SHALL (A) SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDINGCIVIL ACTION, COUNTERCLAIM, OR ANY OTHER ACTION BASED UPONPROCEEDING, WHETHER AT LAW OR ARISING IN EQUITY, WHICH ARISES OUT OF, CONCERNS, OR RELATES TO THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTSAGREEMENT, ANY RELATED INSTRUMENTSAND ALL TRANSACTIONS CONTEMPLATED HEREUNDER, ANY COLLATERAL OR THE DEALINGS PERFORMANCE HEREOF, OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEMCREATED HEREBY, WHETHER SOUNDING IN CONTRACT, TORT, STRICT LIABILITY, OR (B) SEEK OTHERWISE, TRIAL SHALL BE TO CONSOLIDATE A COURT OF COMPETENT JURISDICTION AND NOT TO A JURY. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY SUCH ACTION RIGHT IT MAY HAVE TO A TRIAL BY JURY. ANY PARTY MAY FILE AN ORIGINAL COUNTERPART OF A COPY OF THIS AGREEMENT WITH ANY COURT, AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO OF THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY. NEITHER PARTY HAS MADE OR RELIED UPON ANY ORAL REPRESENTATIONS TO OR BY ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT PARTY REGARDING THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS ENFORCEABILITY OF THIS SECTION SHALL BE SUBJECT TO NO EXCEPTIONSPROVISION. NEITHER EACH PARTY HAS READ AND UNDERSTANDS THE COMPANY NOR ANY OF THE INVESTOR HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS EFFECT OF THIS SECTION WILL NOT BE FULLY ENFORCED IN ALL INSTANCESJURY WAIVER PROVISION.

JURY WAIVER. THE COMPANY BANK (BY ITS ACCEPTANCE HEREOF) AND THE INVESTOR GUARANTOR AGREE THAT NEITHER OF THEM NOR THEM, INCLUDING ANY ASSIGNEE OR SUCCESSOR SHALL (A) SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER ACTION LITIGATION PROCEDURE BASED UPON, OR ARISING OUT OF, THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTSGUARANTY, ANY RELATED INSTRUMENTS, ANY COLLATERAL OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEM, OR (B) . NEITHER THE BANK NOR THE GUARANTOR SHALL SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS OF THIS SECTION PARAGRAPH HAVE BEEN FULLY DISCUSSED BY THE BANK AND THE GUARANTOR, AND THESE PROVISIONS SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER THE COMPANY BANK NOR ANY OF THE INVESTOR GUARANTOR HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS SECTION PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES.

JURY WAIVER. THE COMPANY BANKS AND THE INVESTOR AGENT (BY THEIR ACCEPTANCE HEREOF) AND THE GUARANTOR AGREE THAT NEITHER NONE OF THEM NOR THEM, INCLUDING ANY ASSIGNEE OR SUCCESSOR SHALL (A) SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER ACTION LITIGATION PROCEDURE BASED UPON, OR ARISING OUT OF, THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTSGUARANTY, ANY RELATED INSTRUMENTS, ANY COLLATERAL OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEM. NEITHER THE BANKS, OR (B) THE AGENT, NOR THE GUARANTOR SHALL SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS OF THIS SECTION PARAGRAPH HAVE BEEN FULLY DISCUSSED BY THE BANKS, THE AGENT, AND THE GUARANTOR, AND THESE PROVISIONS SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER THE COMPANY BANKS, THE AGENT, NOR ANY OF THE INVESTOR GUARANTOR HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS SECTION PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES.

JURY WAIVER. THE COMPANY SECURED PARTY (BY ITS ACCEPTANCE HEREOF) AND THE INVESTOR AGREE THAT NEITHER OF THEM NOR ANY ASSIGNEE OR SUCCESSOR SHALL GRANTOR WAIVE (A) SEEK A TRIAL BY JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER ACTION BASED UPON, OR ARISING OUT OF, OF THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTSAGREEMENT, ANY RELATED INSTRUMENTS, ANY COLLATERAL OR THE DEALINGS DEALINGS, OR THE RELATIONSHIP RELATIONSHIP, BETWEEN OR AMONG ANY OF THEM, OR (B) SEEK RIGHTS TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED; PROVIDEDWAIVED OR (C) ANY CLAIM FOR CONSEQUENTIAL DAMAGES ARISING FROM ANY BREACH OF CONTRACT, HOWEVER, THAT TORT OR OTHER WRONG RELATING TO ANY OF THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITEDOBLIGATIONS. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS OF THIS SECTION PARAGRAPH HAVE BEEN FULLY DISCUSSED BY THE SECURED PARTY AND THE GRANTOR, AND THESE PROVISIONS SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER THE COMPANY SECURED PARTY NOR ANY OF THE INVESTOR GRANTOR HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS SECTION PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES.

JURY WAIVER. THE COMPANY BORROWER AND THE INVESTOR LENDER ACKNOWLEDGE AND AGREE THAT NEITHER OF THEM NOR ANY ASSIGNEE OR SUCCESSOR SHALL (A) SEEK A JURY TRIAL IN ANY LAWSUITCONTROVERSY WHICH MAY ARISE UNDER THIS AGREEMENT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER ACTION BASED UPON, OR ARISING OUT OF, THIS THE PLEDGE AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTSLOAN DOCUMENTS OR WITH RESPECT TO THE TRANSACTIONS CONTEMPLATED HEREIN AND THEREIN WOULD BE BASED UPON DIFFICULT AND COMPLEX ISSUES. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BORROWER AND LENDER HEREBY KNOWINGLY AND VOLUNTARILY MUTUALLY (A) WAIVE THE RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION, CLAIM, COUNTERCLAIM, CROSS-CLAIM, THIRD-PARTY CLAIM, DISPUTE, DEMAND, SUIT OR PROCEEDING ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE NOTE, ANY RELATED INSTRUMENTSOF THE OTHER LOAN DOCUMENTS, ANY COLLATERAL OR THE DEALINGS LOAN EVIDENCED OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEMSECURED THEREBY, OR ANY RENEWAL, EXTENSION OR MODIFICATION THEREOF, OR ANY CONDUCT OF ANY PARTY RELATING THERETO, AND (B) SEEK TO CONSOLIDATE AGREE THAT ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE ACTION, CLAIM, SUIT OR HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS OF THIS SECTION PROCEEDING SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER THE COMPANY NOR ANY OF THE INVESTOR HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS SECTION WILL TRIED BEFORE A JUDGE AND NOT BE FULLY ENFORCED IN ALL INSTANCESBEFORE A JURY.

JURY WAIVER. THE COMPANY EACH LOAN PARTY, AGENT AND THE INVESTOR AGREE THAT NEITHER OF THEM NOR ANY ASSIGNEE OR SUCCESSOR SHALL EACH LENDER HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY, AND AFTER AN OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL, (A) SEEK WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY TRIAL IN ANY LAWSUITACTION OR PROCEEDING IN CONNECTION WITH THIS AGREEMENT, PROCEEDINGTHE OBLIGATIONS, COUNTERCLAIM, OR ANY OTHER ACTION BASED UPON, OR ARISING OUT OF, THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTS, ANY RELATED INSTRUMENTS, ANY COLLATERAL OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEM, OR ALL MATTERS CONTEMPLATED HEREBY AND DOCUMENTS EXECUTED IN CONNECTION HEREWITH AND (B) AGREE NOT TO SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE BE, OR HAS NOT BEEN BEEN, WAIVED; PROVIDED. EACH LOAN PARTY CERTIFIES THAT NEITHER AGENT, HOWEVER, THAT THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER THE COMPANY LENDER NOR ANY OF THEIR REPRESENTATIVES, AGENTS OR COUNSEL HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT AGENT WOULD NOT IN THE INVESTOR HAS AGREED WITH OR REPRESENTED EVENT OF ANY SUCH PROCEEDING SEEK TO THE OTHER THAT THE PROVISIONS ENFORCE THIS WAIVER OF THIS SECTION WILL NOT BE FULLY ENFORCED IN ALL INSTANCESRIGHT TO TRIAL BY JURY.

JURY WAIVER. ALL OF THE COMPANY AND THE INVESTOR AGREE THAT NEITHER OF THEM NOR PARTIES HERETO EACH WAIVE ANY ASSIGNEE OR SUCCESSOR SHALL (A) SEEK RIGHT TO A TRIAL BY JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY OTHER ACTION BASED UPON, OR ARISING OUT OF, RIGHTS (I) UNDER THIS CHANGE IN TERMS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTSNOTE OR RELATED DOCUMENTS OR UNDER ANY AMENDMENT, INSTRUMENT, DOCUMENT OR AGREEMENT WHICH MAY IN THE FUTURE BE DELIVERED IN CONNECTION HEREWITH, WITH THE NOTE, OR ANY RELATED INSTRUMENTS, ANY COLLATERAL OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEM, DOCUMENT OR (BII) SEEK TO CONSOLIDATE ARISING FROM ANY BANKING RELATIONSHIP EXISTING IN CONNECTION HEREWITH, AND AGREES THAT ANY SUCH ACTION WITH OR PROCEEDING WILL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY. BORROWER AND THE GUARANTORS AGREE THAT THEY WILL NOT ASSERT ANY CLAIM AGAINST LENDER OR ANY OTHER ACTION PERSON INDEMNIFIED OR RELEASED UNDER THIS CHANGE IN WHICH A JURY TRIAL CANNOT BE TERMS AGREEMENT ON ANY THEORY OF LIABILITY FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER THE COMPANY NOR ANY OF THE INVESTOR HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS SECTION WILL NOT BE FULLY ENFORCED IN ALL INSTANCESPUNITIVE DAMAGES.

JURY WAIVER. THE COMPANY FIRESTONE (BY ITS ACCEPTANCE HEREOF) AND THE INVESTOR EACH GUARANTOR AGREE THAT NEITHER NONE OF THEM NOR THEM, INCLUDING ANY ASSIGNEE OR SUCCESSOR SUCCESSOR, SHALL (A) SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER ACTION LITIGATION PROCEDURE BASED UPON, OR ARISING OUT OF, THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTSGUARANTY, ANY RELATED INSTRUMENTS, ANY COLLATERAL OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEM, OR (B) . NEITHER FIRESTONE NOR ANY GUARANTOR SHALL SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS OF THIS SECTION PARAGRAPH HAVE BEEN FULLY DISCUSSED BY FIRESTONE AND EACH GUARANTOR, AND THESE PROVISIONS SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER THE COMPANY FIRESTONE NOR ANY OF THE INVESTOR GUARANTOR HAS AGREED WITH OR REPRESENTED TO ANY OF THE OTHER OTHERS THAT THE PROVISIONS OF THIS SECTION PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES.

JURY WAIVER. THE COMPANY AND THE INVESTOR AGREE THAT NEITHER OF THEM NOR ANY ASSIGNEE OR SUCCESSOR SHALL (A) SEEK A JURY TRIAL IN ANY LAWSUITCIVIL ACTION, COUNTERCLAIM OR PROCEEDING, COUNTERCLAIMWHETHER AT LAW OR IN EQUITY, OR ANY OTHER ACTION BASED UPON, OR ARISING WHICH ARISES OUT OF, CONCERNS, OR RELATES TO THIS AGREEMENT OR AGREEMENT, AND ANY OF AND ALL TRANSACTIONS CONTEMPLATED HEREUNDER, THE OTHER TRANSACTIONAL AGREEMENTSPERFORMANCE HEREOF, ANY RELATED INSTRUMENTS, ANY COLLATERAL OR THE DEALINGS OR THE RELATIONSHIP BETWEEN CREATED HEREBY, WHETHER SOUNDING IN CONTRACT, TORT, STRICT LIABILITY OR AMONG OTHERWISE, TRIAL WILL BE TO A COURT OF COMPETENT JURISDICTION AND NOT TO A JURY. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY. ANY PARTY MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THEM, OR (B) SEEK TO CONSOLIDATE ANY SUCH ACTION THIS AGREEMENT WITH ANY OTHER ACTION IN WHICH A JURY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO OF THE WAIVER OF THEIR RIGHT TO TRIAL CANNOT BE OR HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT THE FOREGOING BY JURY. SUCH FILING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS CONSTITUTE A RECORDING OF THIS SECTION SHALL BE SUBJECT TO NO EXCEPTIONSAGREEMENT FOR PURPOSES OF SUBSECTION 13.15 HEREIN. NEITHER PARTY HAS MADE OR RELIED UPON ANY ORAL REPRESENTATIONS TO OR BY ANY OTHER PARTY REGARDING THE COMPANY NOR ANY OF THE INVESTOR HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS ENFORCEABILITY OF THIS SECTION WILL NOT BE FULLY ENFORCED IN ALL INSTANCESPROVISION. EACH PARTY HAS READ AND UNDERSTANDS THE EFFECT OF THIS JURY WAIVER PROVISION.

JURY WAIVER. THE COMPANY XXXXXXXX AND THE INVESTOR AGREE THAT NEITHER OF THEM NOR ANY ASSIGNEE OR SUCCESSOR SHALL XXXXXX EACH HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY, AND AFTER AN OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL, (A) SEEK TO THE FULLEST EXTENT ALLOWED BY THE LAWS OF THE STATE OF DELAWARE, WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY TRIAL IN ANY LAWSUITACTION OR PROCEEDING IN CONNECTION WITH THIS AGREEMENT, PROCEEDINGTHE OBLIGATIONS, COUNTERCLAIM, OR ANY OTHER ACTION BASED UPON, OR ARISING OUT OF, THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTS, ANY RELATED INSTRUMENTS, ANY COLLATERAL OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEM, OR ALL MATTERS CONTEMPLATED HEREBY AND DOCUMENTS EXECUTED IN CONNECTION HEREWITH AND (B) AGREE NOT TO SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE BE, OR HAS NOT BEEN BEEN, WAIVED; PROVIDED, HOWEVER, . BORROWER CERTIFIES THAT THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER THE COMPANY XXXXXX NOR ANY OF ITS REPRESENTATIVES, AGENTS OR COUNSEL HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT XXXXXX WOULD NOT IN THE INVESTOR HAS AGREED WITH OR REPRESENTED EVENT OF ANY SUCH PROCEEDING SEEK TO THE OTHER THAT THE PROVISIONS ENFORCE THIS WAIVER OF THIS SECTION WILL NOT BE FULLY ENFORCED IN ALL INSTANCESRIGHT TO TRIAL BY JURY.

JURY WAIVER. THE COMPANY EACH LOAN PARTY AND THE INVESTOR AGREE THAT NEITHER OF THEM NOR ANY ASSIGNEE OR SUCCESSOR SHALL AGENT AND THE LENDERS HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY, AND AFTER AN OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL, (A) SEEK WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY TRIAL IN ANY LAWSUITPROCEEDING IN CONNECTION WITH THIS AGREEMENT, PROCEEDINGTHE OBLIGATIONS, COUNTERCLAIM, OR ANY OTHER ACTION BASED UPON, OR ARISING OUT OF, THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTS, ANY RELATED INSTRUMENTS, ANY COLLATERAL OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEM, OR ALL MATTERS CONTEMPLATED HEREBY AND DOCUMENTS EXECUTED IN CONNECTION HEREWITH AND (B) AGREE NOT TO SEEK TO CONSOLIDATE ANY SUCH ACTION PROCEEDING WITH ANY OTHER ACTION PROCEEDING IN WHICH A JURY TRIAL CANNOT BE BE, OR HAS NOT BEEN BEEN, WAIVED; PROVIDED. EACH LOAN PARTY CERTIFIES THAT NEITHER THE AGENT NOR THE LENDERS NOR ANY OF THEIR RESPECTIVE REPRESENTATIVES, HOWEVERAGENTS OR COUNSEL HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE FOREGOING SHALL AGENT AND THE LENDERS WOULD NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS EVENT OF ANY SUCH PROCEEDING SEEK TO ENFORCE THIS SECTION SHALL BE SUBJECT WAIVER OF RIGHT TO NO EXCEPTIONS. NEITHER THE COMPANY NOR ANY OF THE INVESTOR HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS SECTION WILL NOT BE FULLY ENFORCED IN ALL INSTANCESTRIAL BY JURY.

JURY WAIVER. THE COMPANY BANK (BY ITS ACCEPTANCE OF THIS NOTE) AND THE INVESTOR BORROWER AGREE THAT NEITHER OF THEM NOR THEM, INCLUDING ANY ASSIGNEE OR SUCCESSOR SHALL (A) SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER ACTION LITIGATION PROCEDURE BASED UPON, OR ARISING OUT OF, THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTSNOTE, ANY RELATED INSTRUMENTS, ANY COLLATERAL OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEM, OR (B) . NEITHER THE BANK NOR THE BORROWER SHALL SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS OF THIS SECTION PARAGRAPH HAVE BEEN FULLY DISCUSSED BY THE BANK AND THE BORROWER, AND THESE PROVISIONS SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER THE COMPANY BANK NOR ANY OF THE INVESTOR BORROWER HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS SECTION PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES.

JURY WAIVER. THE COMPANY AND THE INVESTOR AGREE THAT NEITHER OF THEM NOR ANY ASSIGNEE OR SUCCESSOR SHALL (A) SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDINGCIVIL ACTION, COUNTERCLAIM, OR ANY OTHER ACTION BASED UPONPROCEEDING, WHETHER AT LAW OR ARISING IN EQUITY, WHICH ARISES OUT OF, CONCERNS, OR RELATES TO THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTSAGREEMENT, ANY RELATED INSTRUMENTSAND ALL TRANSACTIONS CONTEMPLATED HEREUNDER, ANY COLLATERAL OR THE DEALINGS PERFORMANCE HEREOF, OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEMCREATED HEREBY, WHETHER SOUNDING 8 IN CONTRACT, TORT, STRICT LIABILITY, OR (B) SEEK OTHERWISE, TRIAL SHALL BE TO CONSOLIDATE A COURT OF COMPETENT JURISDICTION AND NOT TO A JURY. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY SUCH ACTION RIGHT IT MAY HAVE TO A TRIAL BY JURY. ANY PARTY MAY FILE AN ORIGINAL COUNTERPART OF A COPY OF THIS AGREEMENT WITH ANY COURT, AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO OF THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY. NEITHER PARTY HAS MADE OR RELIED UPON ANY ORAL REPRESENTATIONS TO OR BY ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT PARTY REGARDING THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS ENFORCEABILITY OF THIS SECTION SHALL BE SUBJECT TO NO EXCEPTIONSPROVISION. NEITHER EACH PARTY HAS READ AND UNDERSTANDS THE COMPANY NOR ANY OF THE INVESTOR HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS EFFECT OF THIS SECTION WILL NOT BE FULLY ENFORCED IN ALL INSTANCESJURY WAIVER PROVISION.

JURY WAIVER. THE COMPANY AND EACH OF THE INVESTOR PURCHASERS AGREE THAT NEITHER OF THEM NOR ANY ASSIGNEE OR SUCCESSOR SHALL (AI) SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER ACTION BASED UPON, OR ARISING OUT OF, THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTSFINANCING DOCUMENTS, ANY RELATED INSTRUMENTS, ANY COLLATERAL OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEM, OR (BII) SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER THE COMPANY NOR ANY OF THE INVESTOR PURCHASER HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS SECTION WILL NOT BE FULLY ENFORCED IN ALL INSTANCES.

JURY WAIVER. THE COMPANY AND THE INVESTOR AGREE THAT NEITHER OF THEM NOR ANY ASSIGNEE OR SUCCESSOR SHALL (A) SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDINGCIVIL ACTION, COUNTERCLAIM, OR ANY OTHER ACTION BASED UPONPROCEEDING, WHETHER AT LAW OR ARISING IN EQUITY, WHICH ARISES OUT OF, CONCERNS, OR RELATES TO THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTSAGREEMENT, ANY RELATED INSTRUMENTSAND ALL TRANSACTIONS CONTEMPLATED HEREUNDER, ANY COLLATERAL OR THE DEALINGS PERFORMANCE OF THIS AGREEMENT, OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEMCREATED HEREBY, WHETHER SOUNDING IN CONTRACT, TORT, STRICT LIABILITY, OR (B) SEEK OTHERWISE, TRIAL SHALL BE TO CONSOLIDATE A COURT OF COMPETENT JURISDICTION AND NOT TO A JURY. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY SUCH ACTION RIGHT HE MAY HAVE TO A TRIAL BY JURY. ANY PARTY MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS AGREEMENT WITH ANY COURT, AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO OF THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY. NEITHER PARTY HAS MADE OR RELIED UPON ANY ORAL REPRESENTATIONS TO OR BY ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT PARTY REGARDING THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS ENFORCEABILITY OF THIS SECTION SHALL BE SUBJECT TO NO EXCEPTIONSPROVISION. NEITHER EACH PARTY HAS READ AND UNDERSTANDS THE COMPANY NOR ANY OF THE INVESTOR HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS EFFECT OF THIS SECTION WILL NOT BE FULLY ENFORCED IN ALL INSTANCESJURY WAIVER PROVISION.

JURY WAIVER. THE COMPANY LENDER (BY ITS ACCEPTANCE HEREOF) AND THE INVESTOR GUARANTOR AGREE THAT NEITHER OF THEM NOR THEM, INCLUDING ANY ASSIGNEE OR SUCCESSOR SHALL (A) SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER ACTION LITIGATION PROCEDURE BASED UPON, OR ARISING OUT OF, THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTSGUARANTY, ANY RELATED INSTRUMENTS, ANY COLLATERAL OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEM, OR (B) . NEITHER THE LENDER NOR THE GUARANTOR SHALL SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS OF THIS SECTION PARAGRAPH HAVE BEEN FULLY DISCUSSED BY THE LENDER AND THE GUARANTOR, AND THESE PROVISIONS SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER THE COMPANY LENDER NOR ANY OF THE INVESTOR GUARANTOR HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS SECTION PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES.

JURY WAIVER. THE COMPANY LENDER (BY ITS ACCEPTANCE HEREOF) AND THE INVESTOR GUARANTOR AGREE THAT NEITHER OF THEM NOR THEM, INCLUDING ANY ASSIGNEE OR SUCCESSOR SHALL (A) SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER ACTION LITIGATION PROCEDURE BASED UPON, OR ARISING OUT OF, THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTSGUARANTY, ANY RELATED INSTRUMENTS, ANY COLLATERAL OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEM, OR (B) . NEITHER THE LENDER NOR THE GUARANTOR SHALL SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS OF THIS SECTION PARAGRAPH HAVE BEEN FULLY DISCUSSED BY THE LENDER AND THE GUARANTOR, AND THESE PROVISIONS SHALL NOT BE SUBJECT TO NO ANY EXCEPTIONS. NEITHER LENDER NOR THE COMPANY NOR ANY OF THE INVESTOR GUARANTOR HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS SECTION PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES.

JURY WAIVER. THE COMPANY AND THE INVESTOR AGREE THAT NEITHER OF THEM NOR ANY ASSIGNEE OR SUCCESSOR SHALL (A) SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDINGCIVIL ACTION, COUNTERCLAIM, OR ANY OTHER ACTION BASED UPONPROCEEDING, WHETHER AT LAW OR ARISING IN EQUITY, WHICH ARISES OUT OF, CONCERNS, OR RELATES TO THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTSNOTE, ANY RELATED INSTRUMENTSAND ALL TRANSACTIONS CONTEMPLATED BY THIS NOTE, ANY COLLATERAL OR THE DEALINGS PERFORMANCE OF THIS NOTE, OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEMCREATED BY THIS NOTE, WHETHER SOUNDING IN CONTRACT, TORT, STRICT LIABILITY, OR (B) SEEK OTHERWISE, TRIAL SHALL BE TO CONSOLIDATE A COURT OF COMPETENT JURISDICTION AND NOT TO A JURY. MAKER HEREBY IRREVOCABLY WAIVES ANY SUCH ACTION RIGHT HE/SHE MAY HAVE TO A TRIAL BY JURY. ANY PARTY MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS NOTE WITH ANY OTHER ACTION IN WHICH A JURY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF MAKER TO THIS AGREEMENT OF THE WAIVER OF HIS/HER RIGHT TO TRIAL CANNOT BE OR BY JURY. THE COMPANY HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT MADE AND MAKER HAS NOT RELIED UPON ANY ORAL REPRESENTATIONS TO OR BY ANY OTHER PARTY REGARDING THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS ENFORCEABILITY OF THIS SECTION SHALL BE SUBJECT TO NO EXCEPTIONSPROVISION. NEITHER MAKER HAS READ AND UNDERSTANDS THE COMPANY NOR ANY OF THE INVESTOR HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS EFFECT OF THIS SECTION WILL NOT BE FULLY ENFORCED IN ALL INSTANCESJURY WAIVER PROVISION.

JURY WAIVER. THE COMPANY BANK (BY ITS ACCEPTANCE HEREOF) AND THE INVESTOR GUARANTOR AGREE THAT NEITHER OF THEM NOR THEM, INCLUDING ANY ASSIGNEE OR SUCCESSOR SHALL (A) SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER ACTION LITIGATION PROCEDURE BASED UPON, OR ARISING OUT OF, THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTSGUARANTY, ANY RELATED INSTRUMENTS, ANY COLLATERAL OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEM, OR (B) NEITHER THE BANK NOR THE GUARANTOR SHALL SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS OF THIS SECTION PARAGRAPH HAVE BEEN FULLY DISCUSSED BY THE BANK AND THE GUARANTOR, AND THESE PROVISIONS SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER THE COMPANY BANK NOR ANY OF THE INVESTOR GUARANTOR HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS SECTION PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES.

JURY WAIVER. THE COMPANY AND THE INVESTOR AGREE THAT NEITHER OF THEM NOR ANY ASSIGNEE OR SUCCESSOR SHALL (A) SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDINGCIVIL ACTION, COUNTERCLAIM, OR ANY OTHER ACTION BASED UPONPROCEEDING, WHETHER AT LAW OR ARISING IN EQUITY, WHICH ARISES OUT OF, CONCERNS, OR RELATES TO THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTSAGREEMENT, ANY RELATED INSTRUMENTSAND ALL TRANSACTIONS CONTEMPLATED HEREUNDER, ANY COLLATERAL OR THE DEALINGS PERFORMANCE HEREOF, OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEMCREATED HEREBY, WHETHER SOUNDING IN CONTRACT, TORT, STRICT LIABILITY, OR (B) SEEK OTHERWISE, TRIAL SHALL BE TO CONSOLIDATE A COURT OF COMPETENT JURISDICTION AND NOT TO A JURY. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY SUCH ACTION RIGHT IT MAY HAVE TO A TRIAL BY JURY. ANY PARTY MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS AGREEMENT WITH ANY COURT, AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO OF THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY. NEITHER PARTY HAS MADE OR RELIED UPON ANY ORAL REPRESENTATIONS TO OR BY ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT PARTY REGARDING THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS ENFORCEABILITY OF THIS SECTION SHALL BE SUBJECT TO NO EXCEPTIONSPROVISION. NEITHER EACH PARTY HAS READ AND UNDERSTANDS THE COMPANY NOR ANY OF THE INVESTOR HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS EFFECT OF THIS SECTION WILL NOT BE FULLY ENFORCED IN ALL INSTANCESJURY WAIVER PROVISION.

JURY WAIVER. THE COMPANY SECURED PARTY (BY ITS ACCEPTANCE HEREOF) AND THE INVESTOR EACH DEBTOR AGREE THAT NEITHER OF THEM THEM, NOR ANY ASSIGNEE OR SUCCESSOR SUCCESSOR, SHALL (Aa) SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER ACTION BASED UPON, OR ARISING OUT OF, THIS AGREEMENT OR ANY OF AGREEMENT, THE OTHER TRANSACTIONAL AGREEMENTSNOTES, ANY RELATED INSTRUMENTS, ANY COLLATERAL OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEM, OR (Bb) SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS OF THIS SECTION PARAGRAPH HAVE BEEN FULLY DISCUSSED BY THE SECURED PARTY AND EACH DEBTOR AND THESE PROVISIONS SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER THE COMPANY SECURED PARTY NOR ANY OF THE INVESTOR EACH DEBTOR HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS SECTION PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES.

JURY WAIVER. THE COMPANY BANK (BY ITS ACCEPTANCE OF THIS ASSIGNMENT) AND THE INVESTOR ----------- UNDERSIGNED AGREE THAT NEITHER OF THEM NOR ANY ASSIGNEE OR SUCCESSOR SHALL (A) SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER ACTION BASED UPON, OR ARISING OUT OF, THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTSASSIGNMENT, ANY RELATED INSTRUMENTS, ANY COLLATERAL OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEM, OR (B) SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS OF THIS SECTION PARAGRAPH SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER THE COMPANY BANK NOR ANY OF THE INVESTOR UNDERSIGNED HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS SECTION PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES.

JURY WAIVER. THE COMPANY AND THE INVESTOR AGREE THAT NEITHER OF THEM ----------- NOR ANY ASSIGNEE OR SUCCESSOR SHALL (A) SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER ACTION BASED UPON, OR ARISING OUT OF, THIS AGREEMENT OR ANY OF THE OTHER TRANSACTIONAL AGREEMENTSFINANCING DOCUMENTS, ANY RELATED INSTRUMENTS, ANY COLLATERAL OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEM, OR (B) SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT PRECLUDE ANY PARTY OR ITS SUCCESSORS FROM ASSERTING ANY COUNTERCLAIM WHICH WOULD OTHERWISE BE BARRED OR FORFEITED. EXCEPT AS STATED IN THE PRECEDING SENTENCE, THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER THE COMPANY NOR ANY OF THE INVESTOR HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS SECTION WILL NOT BE FULLY ENFORCED IN ALL INSTANCES.