Common use of WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION Clause in Contracts

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH OF THE DEBTORS (A) AND THE COLLATERAL AGENT IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT TO THE EXTENT PERMITTED BY LAW, (B) SUBMITS TO THE NONEXCLUSIVE PERSONAL JURISDICTION IN FULTON COUNTY, GEORGIA, OF THE COURTS THEREOF AND THE UNITED STATES DXXXXXXT COURTS FOR THE NORTHERN DISTRICT OF GEORGIA, FOR THE ENFORCEMENT OF THIS AGREEMENT, (C) WAIVES ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY JURISDICTION TO OBJECT ON ANY BASIS (INCLUDING, WITHOUT LIMITATION, INCONVENIENCE OF FORUM) TO JURISDICTION OR VENUE WITHIN THE STATE OF GEORGIA FOR THE PURPOSE OF LITIGATION TO ENFORCE THIS AGREEMENT, AND (D) AGREES THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN THE MANNER PRESCRIBED IN THE INTERCREDITOR AGREEMENT FOR THE GIVING OF NOTICE TO THE COMPANY. NOTHING HEREIN CONTAINED, HOWEVER, SHALL PREVENT THE COLLATERAL AGENT FROM BRINGING ANY ACTION OR EXERCISING ANY RIGHTS AGAINST ANY COLLATERAL AND AGAINST ANY OF THE 140 DEBTORS PERSONALLY, AND AGAINST ANY ASSETS OF THE DEBTORS, WITHIN ANY OTHER STATE OR JURISDICTION.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH OF THE DEBTORS (A) AND THE COLLATERAL AGENT PARTIES HERETO IRREVOCABLY WAIVEWAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT TO THE EXTENT PERMITTED BY LAW, OR ANY OTHER PROGRAM DOCUMENT; (B) SUBMITS TO THE NONEXCLUSIVE PERSONAL JURISDICTION IN FULTON COUNTY, GEORGIA, THE STATE COURTS OF THE COURTS THEREOF STATE OF NEW YORK AND THE UNITED STATES DXXXXXXT COURTS FOR THE NORTHERN SOUTHERN DISTRICT OF GEORGIA, FOR XXX XXXX XXX XXX XXXXXXXXXXX XX XXXX AGREEMENT AND THE ENFORCEMENT OF THIS AGREEMENT, OTHER PROGRAM DOCUMENTS; (C) WAIVES ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY JURISDICTION TO OBJECT ON ANY BASIS (INCLUDING, WITHOUT LIMITATION, INCONVENIENCE OF FORUM) TO JURISDICTION OR VENUE WITHIN THE STATE OF GEORGIA AND DISTRICT DESCRIBED ABOVE FOR THE PURPOSE OF LITIGATION TO ENFORCE THIS AGREEMENT, AGREEMENT OR THE OTHER PROGRAM DOCUMENTS; AND (D) AGREES THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN THE MANNER PRESCRIBED IN THE INTERCREDITOR AGREEMENT FOR THE GIVING OF NOTICE TO THE COMPANYSECTION 7.02. NOTHING HEREIN CONTAINED, HOWEVER, SHALL PREVENT THE COLLATERAL AGENT ANY PARTY FROM BRINGING ANY ACTION OR EXERCISING ANY RIGHTS AGAINST ANY COLLATERAL SECURITY AND AGAINST ANY OF THE 140 DEBTORS OTHER PARTY PERSONALLY, AND AGAINST ANY ASSETS OF THE DEBTORSSUCH OTHER PARTY, WITHIN ANY OTHER STATE OR JURISDICTION.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH OF THE DEBTORS BORROWERS (A) AND EACH OF THE LENDERS AND THE COLLATERAL AGENT IRREVOCABLY WAIVEWAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT TO AGREEMENT, ANY OF THE EXTENT PERMITTED BY LAWOTHER CREDIT DOCUMENTS, OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, (B) SUBMITS TO THE NONEXCLUSIVE PERSONAL JURISDICTION IN FULTON COUNTY, THE STATE OF GEORGIA, OF THE COURTS THEREOF AND THE UNITED STATES DXXXXXXT DISTRICT COURTS FOR THE NORTHERN DISTRICT OF GEORGIASITTING THEREIN, FOR THE ENFORCEMENT OF THIS AGREEMENT, THE NOTES AND THE OTHER CREDIT DOCUMENTS, (C) WAIVES ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY JURISDICTION TO OBJECT ON ANY BASIS (INCLUDING, WITHOUT LIMITATION, INCONVENIENCE OF FORUM) TO JURISDICTION OR VENUE WITHIN THE STATE OF GEORGIA FOR THE PURPOSE OF LITIGATION TO ENFORCE THIS AGREEMENT, THE NOTES OR THE OTHER CREDIT DOCUMENTS, AND (D) AGREES THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN THE MANNER PRESCRIBED IN SECTION 10.01 OF THE INTERCREDITOR CREDIT AGREEMENT FOR THE GIVING OF NOTICE TO THE COMPANYBORROWERS. NOTHING HEREIN CONTAINED, HOWEVER, SHALL PREVENT THE COLLATERAL AGENT FROM BRINGING ANY ACTION OR EXERCISING ANY RIGHTS AGAINST ANY COLLATERAL SECURITY AND AGAINST ANY OF THE 140 DEBTORS BORROWERS PERSONALLY, AND AGAINST ANY ASSETS OF THE DEBTORSBORROWERS, WITHIN ANY OTHER STATE OR JURISDICTION.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. THE BORROWER, EACH OF THE DEBTORS (A) OTHER LOAN PARTIES, AND EACH OF THE LENDERS, THE COLLATERAL AGENTS AND THE COLLATERAL ADMINISTRATIVE AGENT (1) IRREVOCABLY WAIVEWAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT TO AGREEMENT, ANY OF THE EXTENT PERMITTED BY LAWOTHER LOAN DOCUMENTS, OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, (B2) SUBMITS TO THE NONEXCLUSIVE PERSONAL JURISDICTION IN FULTON COUNTYTHE COMMONWEALTH OF VIRGINIA, GEORGIA, OF THE COURTS THEREOF AND THE UNITED STATES DXXXXXXT DISTRICT COURTS FOR THE NORTHERN DISTRICT OF GEORGIASITTING THEREIN, FOR THE ENFORCEMENT OF THIS AGREEMENT, THE NOTES AND THE OTHER LOAN DOCUMENTS, (C3) WAIVES ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY JURISDICTION TO OBJECT ON ANY BASIS (INCLUDING, WITHOUT LIMITATION, INCONVENIENCE OF FORUM) TO JURISDICTION OR VENUE WITHIN THE STATE COMMONWEALTH OF GEORGIA VIRGINIA FOR THE PURPOSE OF LITIGATION TO ENFORCE THIS AGREEMENT, THE NOTES OR THE OTHER LOAN DOCUMENTS, AND (D4) AGREES THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN THE MANNER PRESCRIBED IN THE INTERCREDITOR AGREEMENT SECTION 9.01 FOR THE GIVING OF NOTICE TO THE COMPANYBORROWER. NOTHING HEREIN CONTAINED, HOWEVER, SHALL SHALL: (I) PREVENT THE COLLATERAL ADMINISTRATIVE AGENT FROM BRINGING ANY ACTION OR EXERCISING ANY RIGHTS AGAINST ANY COLLATERAL SECURITY AND AGAINST THE BORROWER OR ANY OF THE 140 DEBTORS OTHER LOAN PARTY PERSONALLY, AND AGAINST ANY ASSETS OF THE DEBTORSBORROWER OR ANY OTHER LOAN PARTY, WITHIN ANY OTHER STATE OR JURISDICTION; OR (II) AFFECT THE RIGHT TO SERVE LEGAL PROCESS IN ANY OTHER MANNER PERMITTED BY LAW.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH OF THE DEBTORS (A) BORROWER, THE LENDERS, THE ISSUERS, AND THE COLLATERAL AGENT AGENTS IRREVOCABLY WAIVEWAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT TO AGREEMENT, ANY OF THE EXTENT PERMITTED BY LAWOTHER CREDIT DOCUMENTS, OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, (B) SUBMITS TO THE NONEXCLUSIVE PERSONAL JURISDICTION IN FULTON COUNTY, THE STATE OF GEORGIA, OF THE COURTS THEREOF AND THE UNITED STATES DXXXXXXT DISTRICT COURTS FOR THE NORTHERN DISTRICT OF GEORGIASITTING THEREIN, FOR THE ENFORCEMENT OF THIS AGREEMENT, THE NOTES AND THE OTHER CREDIT DOCUMENTS, (C) WAIVES ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY JURISDICTION TO OBJECT ON ANY BASIS (INCLUDING, WITHOUT LIMITATION, INCONVENIENCE OF FORUM) TO JURISDICTION OR VENUE WITHIN THE STATE OF GEORGIA FOR THE PURPOSE OF LITIGATION TO ENFORCE THIS AGREEMENT, THE NOTES OR THE OTHER CREDIT DOCUMENTS, AND (D) AGREES THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN THE MANNER PRESCRIBED IN THE INTERCREDITOR AGREEMENT SECTION 10.01 FOR THE GIVING OF NOTICE TO THE COMPANYBORROWERS. NOTHING HEREIN CONTAINED, HOWEVER, SHALL PREVENT THE COLLATERAL ANY AGENT FROM BRINGING ANY ACTION OR EXERCISING ANY RIGHTS AGAINST ANY COLLATERAL SECURITY AND AGAINST ANY OF THE 140 DEBTORS BORROWERS PERSONALLY, AND AGAINST ANY ASSETS OF THE DEBTORSBORROWERS, WITHIN ANY OTHER STATE OR JURISDICTION.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH OF THE DEBTORS BORROWERS (A) AND EACH OF THE COLLATERAL LENDERS AND THE AGENT IRREVOCABLY WAIVEWAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT TO AGREEMENT, ANY OF THE EXTENT PERMITTED BY LAWOTHER CREDIT DOCUMENTS, OR ANY OF THE 112 TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, (B) SUBMITS TO THE NONEXCLUSIVE PERSONAL JURISDICTION IN FULTON COUNTYTHE STATE OF NEW YORK, GEORGIA, OF THE COURTS THEREOF AND THE UNITED STATES DXXXXXXT DISTRICT COURTS FOR THE NORTHERN DISTRICT OF GEORGIASITTING THEREIN, FOR THE ENFORCEMENT OF THIS AGREEMENT, THE NOTES AND THE OTHER CREDIT DOCUMENTS, (C) WAIVES ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY JURISDICTION TO OBJECT ON ANY BASIS (INCLUDING, WITHOUT LIMITATION, INCONVENIENCE OF FORUM) TO JURISDICTION OR VENUE WITHIN THE STATE OF GEORGIA NEW YORK FOR THE PURPOSE OF LITIGATION TO ENFORCE THIS AGREEMENT, THE NOTES OR THE OTHER CREDIT DOCUMENTS, AND (D) AGREES THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN THE MANNER PRESCRIBED IN THE INTERCREDITOR AGREEMENT SECTION 10.01 FOR THE GIVING OF NOTICE TO THE COMPANYBORROWERS. NOTHING HEREIN CONTAINED, HOWEVER, SHALL PREVENT THE COLLATERAL AGENT FROM BRINGING ANY ACTION OR EXERCISING ANY RIGHTS AGAINST ANY COLLATERAL SECURITY AND AGAINST ANY OF THE 140 DEBTORS BORROWERS PERSONALLY, AND AGAINST ANY ASSETS OF THE DEBTORSBORROWERS, WITHIN ANY OTHER STATE OR JURISDICTION.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH OF THE DEBTORS (A) AND THE COLLATERAL AGENT IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT TO THE EXTENT PERMITTED BY LAW, (B) SUBMITS TO THE NONEXCLUSIVE PERSONAL JURISDICTION IN FULTON COUNTY, GEORGIA, OF THE COURTS THEREOF AND THE UNITED STATES DXXXXXXT DISTRICT COURTS FOR THE NORTHERN DISTRICT OF GEORGIA, FOR THE ENFORCEMENT OF THIS AGREEMENTXXXX XGREEMENT, (C) WAIVES ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY JURISDICTION TO OBJECT ON ANY BASIS (INCLUDING, WITHOUT LIMITATION, INCONVENIENCE OF FORUM) TO JURISDICTION OR VENUE WITHIN THE STATE OF GEORGIA FOR THE PURPOSE OF LITIGATION TO ENFORCE THIS AGREEMENT, AND (D) AGREES THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN THE MANNER PRESCRIBED IN THE INTERCREDITOR CREDIT AGREEMENT FOR THE GIVING OF NOTICE TO THE COMPANY. NOTHING HEREIN CONTAINED, HOWEVER, SHALL PREVENT THE COLLATERAL AGENT FROM BRINGING ANY ACTION OR EXERCISING ANY RIGHTS AGAINST ANY COLLATERAL AND AGAINST ANY OF THE 140 DEBTORS PERSONALLY, AND AGAINST ANY ASSETS OF THE DEBTORS, WITHIN ANY OTHER STATE OR JURISDICTION.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH OF THE DEBTORS BORROWERS AND THE PARENT (A) AND EACH OF THE COLLATERAL LENDERS AND THE AGENT IRREVOCABLY WAIVEWAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT TO AGREEMENT, ANY OF THE EXTENT PERMITTED BY LAWOTHER CREDIT DOCUMENTS, OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, (B) SUBMITS SUBMIT TO THE 121 NONEXCLUSIVE PERSONAL JURISDICTION IN FULTON COUNTYTHE STATE OF NEW YORK, GEORGIA, OF THE COURTS THEREOF AND THE UNITED STATES DXXXXXXT DISTRICT COURTS FOR THE NORTHERN DISTRICT OF GEORGIASITTING THEREIN, FOR THE ENFORCEMENT OF THIS AGREEMENT, THE NOTES AND THE OTHER CREDIT DOCUMENTS, (C) WAIVES WAIVE ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY JURISDICTION TO OBJECT ON ANY BASIS (INCLUDING, WITHOUT LIMITATION, INCONVENIENCE OF FORUM) TO JURISDICTION OR VENUE WITHIN THE STATE OF GEORGIA NEW YORK FOR THE PURPOSE OF LITIGATION TO ENFORCE THIS AGREEMENT, THE NOTES OR THE OTHER CREDIT DOCUMENTS, AND (D) AGREES AGREE THAT SERVICE OF PROCESS MAY BE MADE UPON IT THEM IN THE MANNER PRESCRIBED IN THE INTERCREDITOR AGREEMENT SECTION 10.01 FOR THE GIVING OF NOTICE TO THE COMPANYBORROWERS. NOTHING HEREIN CONTAINED, HOWEVER, SHALL PREVENT THE COLLATERAL AGENT FROM BRINGING ANY ACTION OR EXERCISING ANY RIGHTS AGAINST ANY COLLATERAL SECURITY AND AGAINST ANY OF THE 140 DEBTORS BORROWERS OR THE PARENT PERSONALLY, AND AGAINST ANY ASSETS OF THE DEBTORSBORROWERS OR THE PARENT, WITHIN ANY OTHER STATE OR JURISDICTION.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH OF THE DEBTORS (A) AND EACH OF THE COLLATERAL PURCHASERS AND THE AGENT IRREVOCABLY WAIVEWAIVES, TO 16 155 THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT TO AGREEMENT, ANY OF THE EXTENT PERMITTED BY LAWOTHER TRANSACTION DOCUMENTS, OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, (B) SUBMITS TO THE NONEXCLUSIVE PERSONAL JURISDICTION IN FULTON COUNTY, THE STATE OF GEORGIA, OF THE COURTS THEREOF AND THE UNITED STATES DXXXXXXT DISTRICT COURTS FOR THE NORTHERN DISTRICT OF GEORGIASITTING THEREIN, FOR THE ENFORCEMENT OF THIS AGREEMENT, THE NOTES AND THE OTHER TRANSACTION DOCUMENTS, (C) WAIVES ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY JURISDICTION TO OBJECT ON ANY BASIS (INCLUDING, WITHOUT LIMITATION, INCONVENIENCE OF FORUM) TO JURISDICTION OR VENUE WITHIN THE STATE OF GEORGIA FOR THE PURPOSE OF LITIGATION TO ENFORCE THIS AGREEMENT, THE NOTES OR THE OTHER TRANSACTION DOCUMENTS, AND (D) AGREES THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN THE MANNER PRESCRIBED IN SECTION 10.01 OF THE INTERCREDITOR PURCHASE AGREEMENT FOR THE GIVING OF NOTICE TO THE COMPANYDEBTORS. NOTHING HEREIN CONTAINED, HOWEVER, SHALL PREVENT THE COLLATERAL AGENT FROM BRINGING ANY ACTION OR EXERCISING ANY RIGHTS AGAINST ANY COLLATERAL SECURITY AND AGAINST ANY OF THE 140 DEBTORS PERSONALLY, AND AGAINST ANY ASSETS OF THE DEBTORS, WITHIN ANY OTHER STATE OR JURISDICTION.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH OF THE DEBTORS (A) AND THE COLLATERAL AGENT PARTIES HERETO IRREVOCABLY WAIVEWAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT TO THE EXTENT PERMITTED BY LAW, OR ANY OTHER PROGRAM DOCUMENT; (B) SUBMITS TO THE NONEXCLUSIVE PERSONAL JURISDICTION IN FULTON COUNTY, GEORGIA, THE STATE COURTS OF THE COURTS THEREOF STATES OF NEW YORK AND NORTH CAROLINA AND THE UNITED STATES DXXXXXXT DISTRICT COURTS FOR OF NORTH CAROLINA AND THE NORTHERN SOUTHERN DISTRICT OF GEORGIA, NEW YORK FOR THE ENFORCEMENT OF THIS AGREEMENT, AGREEMENT AND THE OTHER PROGRAM DOCUMENTS; (C) WAIVES ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY JURISDICTION TO OBJECT ON ANY BASIS (INCLUDING, WITHOUT LIMITATION, INCONVENIENCE OF FORUM) TO JURISDICTION OR VENUE WITHIN THE STATE OF GEORGIA STATES AND DISTRICTS DESCRIBED ABOVE FOR THE PURPOSE OF LITIGATION TO ENFORCE THIS AGREEMENT, AGREEMENT OR THE OTHER PROGRAM DOCUMENTS; AND (D) AGREES THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN THE MANNER PRESCRIBED IN THE INTERCREDITOR AGREEMENT FOR THE GIVING OF NOTICE TO THE COMPANYSECTION 7.02. NOTHING HEREIN CONTAINED, HOWEVER, SHALL PREVENT THE COLLATERAL AGENT ANY PARTY FROM BRINGING ANY ACTION OR EXERCISING ANY RIGHTS AGAINST ANY COLLATERAL SECURITY AND AGAINST ANY OF THE 140 DEBTORS OTHER PARTY PERSONALLY, AND AGAINST ANY ASSETS OF THE DEBTORSSUCH OTHER PARTY, WITHIN ANY OTHER STATE OR JURISDICTION.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH OF THE DEBTORS BORROWER AND THE LENDER (A) AND THE COLLATERAL AGENT IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT TO AGREEMENT, ANY OF THE EXTENT PERMITTED BY LAWOTHER LOAN DOCUMENTS, OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, (B) SUBMITS TO THE NONEXCLUSIVE PERSONAL JURISDICTION IN FULTON COUNTY, THE STATE OF GEORGIA, OF THE COURTS THEREOF AND THE UNITED STATES DXXXXXXT DISTRICT COURTS FOR THE NORTHERN DISTRICT OF GEORGIASITTING THEREIN, FOR THE ENFORCEMENT OF THIS AGREEMENT, THE NOTES AND THE OTHER LOAN DOCUMENTS, AND (C) WAIVES ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY JURISDICTION TO OBJECT ON ANY BASIS (INCLUDING, WITHOUT LIMITATION, INCONVENIENCE OF FORUM) TO JURISDICTION OR VENUE WITHIN THE STATE OF GEORGIA FOR THE PURPOSE OF LITIGATION TO ENFORCE THIS AGREEMENT, AND (D) AGREES THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN THE MANNER PRESCRIBED IN NOTES OR THE INTERCREDITOR AGREEMENT FOR THE GIVING OF NOTICE TO THE COMPANYOTHER LOAN DOCUMENTS. NOTHING HEREIN CONTAINED, HOWEVER, SHALL PREVENT THE COLLATERAL AGENT LENDER FROM BRINGING ANY ACTION OR EXERCISING ANY RIGHTS AGAINST ANY COLLATERAL AND AGAINST ANY OF THE 140 DEBTORS BORROWER PERSONALLY, AND AGAINST ANY ASSETS OF THE DEBTORSBORROWER, WITHIN ANY OTHER STATE OR JURISDICTION.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH OF THE DEBTORS (A) AND THE COLLATERAL AGENT IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE BORROWER (A) THE AGENT AND EACH OF THE BANKS IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT TO AGREEMENT, ANY OF THE EXTENT PERMITTED BY LAWOTHER LOAN DOCUMENTS, OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, (B) SUBMITS TO THE NONEXCLUSIVE PERSONAL JURISDICTION IN FULTON COUNTY, THE STATE OF GEORGIA, OF THE COURTS THEREOF AND THE UNITED STATES DXXXXXXT DISTRICT COURTS FOR THE NORTHERN DISTRICT OF GEORGIASITTING THEREIN, FOR THE ENFORCEMENT OF THIS AGREEMENT, THE NOTES AND THE OTHER LOAN DOCUMENTS, (C) WAIVES ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY JURISDICTION TO OBJECT ON ANY BASIS (INCLUDING, WITHOUT LIMITATION, INCONVENIENCE OF FORUM) TO JURISDICTION OR VENUE WITHIN THE STATE OF GEORGIA FOR THE PURPOSE OF LITIGATION TO ENFORCE THIS AGREEMENT, THE NOTES OR THE OTHER LOAN DOCUMENTS, AND (D) AGREES THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN THE MANNER PRESCRIBED IN THE INTERCREDITOR AGREEMENT SECTION 9.01 FOR THE GIVING OF NOTICE TO THE COMPANYBORROWER. NOTHING HEREIN CONTAINED, HOWEVER, SHALL PREVENT THE COLLATERAL AGENT BANKS FROM BRINGING ANY ACTION OR EXERCISING ANY RIGHTS AGAINST ANY COLLATERAL SECURITY AND AGAINST ANY OF THE 140 DEBTORS BORROWER PERSONALLY, AND AGAINST ANY ASSETS OF THE DEBTORS, BORROWER WITHIN ANY OTHER STATE OR JURISDICTION.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH OF THE DEBTORS (A) AND THE COLLATERAL AGENT IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT TO THE EXTENT PERMITTED BY LAW, (B) SUBMITS TO THE NONEXCLUSIVE PERSONAL JURISDICTION IN FULTON COUNTY, GEORGIA, OF THE COURTS THEREOF AND THE UNITED STATES DXXXXXXT STATEX XXXXRICT COURTS FOR THE NORTHERN DISTRICT OF GEORGIA, FOR THE ENFORCEMENT OF THIS AGREEMENT, (C) WAIVES ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY JURISDICTION TO OBJECT ON ANY BASIS (INCLUDING, WITHOUT LIMITATION, INCONVENIENCE OF FORUM) TO JURISDICTION OR VENUE WITHIN THE STATE OF GEORGIA FOR THE PURPOSE OF LITIGATION TO ENFORCE THIS AGREEMENT, AND (D) AGREES THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN THE MANNER PRESCRIBED IN THE INTERCREDITOR AGREEMENT FOR THE GIVING OF NOTICE TO THE COMPANY. NOTHING HEREIN CONTAINED, HOWEVER, SHALL PREVENT THE COLLATERAL AGENT FROM BRINGING ANY ACTION OR EXERCISING ANY RIGHTS AGAINST ANY COLLATERAL AND AGAINST ANY OF THE 140 DEBTORS PERSONALLY, AND AGAINST ANY ASSETS OF THE DEBTORS, WITHIN ANY OTHER STATE OR JURISDICTION.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH OF THE DEBTORS (A) AND THE COLLATERAL AGENT IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE BORROWER (A) THE AGENT AND EACH OF THE BANKS IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT TO AGREEMENT, ANY OF THE EXTENT PERMITTED BY LAWOTHER LOAN DOCUMENTS, OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, (B) SUBMITS TO THE NONEXCLUSIVE PERSONAL JURISDICTION IN FULTON COUNTY, THE STATE OF GEORGIA, OF THE COURTS THEREOF AND THE UNITED STATES DXXXXXXT DISTRICT COURTS FOR THE NORTHERN DISTRICT OF GEORGIASITTING THEREIN, FOR THE ENFORCEMENT OF THIS AGREEMENT, THE NOTES AND THE OTHER LOAN DOCUMENTS, (C) WAIVES ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY JURISDICTION TO OBJECT ON ANY BASIS (INCLUDING, WITHOUT LIMITATION, INCONVENIENCE OF FORUM) TO JURISDICTION OR VENUE WITHIN THE STATE OF GEORGIA FOR THE PURPOSE OF LITIGATION TO ENFORCE THIS AGREEMENT, THE NOTES OR THE OTHER LOAN DOCUMENTS, AND (D) AGREES THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN THE MANNER PRESCRIBED IN THE INTERCREDITOR AGREEMENT SECTION 9.01 FOR THE GIVING OF NOTICE TO THE COMPANYBORROWER. NOTHING HEREIN CONTAINED, HOWEVER, SHALL PREVENT THE COLLATERAL AGENT BANKS FROM BRINGING ANY ACTION OR EXERCISING ANY RIGHTS AGAINST ANY COLLATERAL SECURITY AND AGAINST ANY OF THE 140 DEBTORS BORROWER PERSONALLY, AND AGAINST ANY ASSETS OF THE DEBTORS, BORROWER WITHIN ANY OTHER STATE OR JURISDICTION.. [signatures on the following pages] 48

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH OF THE DEBTORS BORROWERS (A) AND EACH OF THE COLLATERAL LENDERS AND THE ADMINISTRATIVE AGENT IRREVOCABLY WAIVEWAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT TO AGREEMENT, ANY OF THE EXTENT PERMITTED BY LAWOTHER LOAN DOCUMENTS, OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, (B) SUBMITS TO THE NONEXCLUSIVE PERSONAL JURISDICTION IN FULTON COUNTY, THE STATE OF GEORGIA, OF THE COURTS THEREOF AND THE UNITED STATES DXXXXXXT DISTRICT COURTS FOR THE NORTHERN DISTRICT OF GEORGIASITTING THEREIN, FOR THE ENFORCEMENT OF THIS AGREEMENT, THE NOTES AND THE OTHER LOAN DOCUMENTS, (C) WAIVES ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY JURISDICTION TO OBJECT ON ANY BASIS (INCLUDING, WITHOUT LIMITATION, INCONVENIENCE OF FORUM) TO JURISDICTION OR VENUE WITHIN THE STATE OF GEORGIA FOR THE PURPOSE OF LITIGATION TO ENFORCE THIS AGREEMENT, THE NOTES OR THE OTHER LOAN DOCUMENTS, AND (D) AGREES THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN THE MANNER PRESCRIBED IN THE INTERCREDITOR AGREEMENT SECTION 10.01 FOR THE GIVING OF NOTICE TO THE COMPANYBORROWERS. NOTHING HEREIN CONTAINED, HOWEVER, SHALL PREVENT THE COLLATERAL ADMINISTRATIVE AGENT FROM BRINGING ANY ACTION OR EXERCISING ANY RIGHTS AGAINST ANY COLLATERAL SECURITY AND AGAINST ANY OF THE 140 DEBTORS PARENT OR THE BORROWERS PERSONALLY, AND AGAINST ANY ASSETS OF THE DEBTORSPARENTS OR THE BORROWERS, WITHIN ANY OTHER STATE OR JURISDICTION.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH OF AFTER CONSULTATION WITH COUNSEL, THE DEBTORS (A) BORROWER AND THE COLLATERAL AGENT IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL BANK HEREBY WAIVE THEIR RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY LEGAL PROCEEDING ARISING OUT AND ALL LITIGATION INVOLVING THE SUBJECT MATTER OF THIS AGREEMENT OR ANY OF THE OTHER LOAN DOCUMENTS. THE BORROWER AND THE BANK HEREBY CONSENT TO THE EXTENT PERMITTED BY LAW, (B) SUBMITS TO THE NONEXCLUSIVE PERSONAL NON-EXCLUSIVE JURISDICTION IN FULTON COUNTY, GEORGIA, OF THE COURTS THEREOF NEW JERSEY SUPERIOR COURT AND THE UNITED STATES DXXXXXXT COURTS DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIANEW JERSEY IN ANY LITIGATION ARISING HEREUNDER. THE BORROWER HEREBY IRREVOCABLY APPOINTS XXX XXXXXXX, ESQ. (WHOSE ADDRESS IS 00 XXXXXXXXX XXXXXX, XXXXXXXXX, XXX XXXXXX 07042) AS ITS AGENT FOR THE ENFORCEMENT PURPOSES OF THIS AGREEMENT, (C) WAIVES RECEIVING SERVICE OF PROCESS IN ANY SUCH LITIGATION AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY JURISDICTION TO OBJECT ON ANY BASIS (INCLUDING, WITHOUT LIMITATION, INCONVENIENCE OF FORUM) TO JURISDICTION OR VENUE WITHIN THE STATE OF GEORGIA FOR THE PURPOSE OF LITIGATION TO ENFORCE THIS AGREEMENT, AND (D) FURTHER AGREES THAT SERVICE OF ANY SUCH PROCESS MAY BE MADE UPON IT EFFECTED, IN ADDITION TO ANY OTHER MEANS PERMITTED BY THE MANNER PRESCRIBED IN THE INTERCREDITOR AGREEMENT FOR THE GIVING APPLICABLE RULES OF NOTICE COURT, BY MAILING SUCH PROCESS CERTIFIED MAIL, RETURN RECEIPT REQUESTED OR BY REPUTABLE OVERNIGHT COURIER PROVIDING A RECEIPT AGAINST DELIVERY TO SUCH AGENT OR TO THE COMPANY. NOTHING HEREIN CONTAINED, HOWEVER, SHALL PREVENT THE COLLATERAL AGENT FROM BRINGING ANY ACTION OR EXERCISING ANY RIGHTS AGAINST ANY COLLATERAL AND AGAINST ANY OF THE 140 DEBTORS PERSONALLY, AND AGAINST ANY ASSETS OF THE DEBTORS, WITHIN ANY OTHER STATE OR JURISDICTIONBORROWER.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH OF THE DEBTORS (A) DEBTOR AND THE COLLATERAL AGENT (1) IRREVOCABLY WAIVEWAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THIS SECURITY AGREEMENT TO OR ANY OF THE EXTENT PERMITTED BY LAWTRANSACTIONS CONTEMPLATED HEREBY, (B2) SUBMITS TO THE NONEXCLUSIVE PERSONAL JURISDICTION IN FULTON COUNTYTHE COMMONWEALTH OF VIRGINIA, GEORGIA, OF THE COURTS THEREOF AND THE UNITED STATES DXXXXXXT DISTRICT COURTS FOR THE NORTHERN DISTRICT OF GEORGIASITTING THEREIN, FOR THE ENFORCEMENT OF THIS SECURITY AGREEMENT, (C3) WAIVES ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY JURISDICTION TO OBJECT ON ANY BASIS (INCLUDING, WITHOUT LIMITATION, INCONVENIENCE OF FORUM) TO JURISDICTION OR VENUE WITHIN THE STATE COMMONWEALTH OF GEORGIA VIRGINIA FOR THE PURPOSE OF LITIGATION TO ENFORCE THIS SECURITY AGREEMENT, AND (D4) AGREES THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN THE MANNER PRESCRIBED IN THE INTERCREDITOR AGREEMENT SECTION 10.2 FOR THE GIVING OF NOTICE TO THE COMPANYNOTICE. NOTHING HEREIN CONTAINED, HOWEVER, SHALL SHALL: (I) PREVENT THE COLLATERAL AGENT FROM BRINGING ANY ACTION OR EXERCISING ANY RIGHTS AGAINST ANY COLLATERAL AND AGAINST THE DEBTOR OR ANY OF THE 140 DEBTORS OTHER LOAN PARTY PERSONALLY, AND AGAINST ANY ASSETS OF THE DEBTORSDEBTOR OR ANY OTHER LOAN PARTY, WITHIN ANY OTHER STATE OR JURISDICTION; OR (II) AFFECT THE RIGHT TO SERVE LEGAL PROCESS IN ANY OTHER MANNER PERMITTED BY LAW.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH OF THE DEBTORS (A) AND THE COLLATERAL AGENT PARTIES HERETO IRREVOCABLY WAIVEWAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT TO THE EXTENT PERMITTED BY LAW, OR ANY OTHER PROGRAM DOCUMENT; (B) SUBMITS TO THE NONEXCLUSIVE PERSONAL JURISDICTION IN FULTON COUNTY, GEORGIA, THE STATE COURTS OF THE COURTS THEREOF STATE OF NEW YORK AND THE UNITED STATES DXXXXXXT COURTS FOR SOUTHERN DISTRICT XX XXX XXXX XXX XXX XXXXXXXXXXX XX XXIS AGREEMENT AND THE NORTHERN DISTRICT OF GEORGIA, FOR THE ENFORCEMENT OF THIS AGREEMENT, OTHER PROGRAM DOCUMENTS; (C) WAIVES ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY JURISDICTION TO OBJECT ON ANY BASIS (INCLUDING, WITHOUT LIMITATION, INCONVENIENCE OF FORUM) TO JURISDICTION OR VENUE WITHIN THE STATE OF GEORGIA AND DISTRICT DESCRIBED ABOVE FOR THE PURPOSE OF LITIGATION TO ENFORCE THIS AGREEMENT, AGREEMENT OR THE OTHER PROGRAM DOCUMENTS; AND (D) AGREES THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN THE MANNER PRESCRIBED IN THE INTERCREDITOR AGREEMENT FOR THE GIVING OF NOTICE TO THE COMPANYSECTION 8.2. NOTHING HEREIN CONTAINED, HOWEVER, SHALL PREVENT THE COLLATERAL AGENT ANY PARTY FROM BRINGING ANY ACTION OR EXERCISING ANY RIGHTS AGAINST ANY COLLATERAL SECURITY AND AGAINST ANY OF THE 140 DEBTORS OTHER PARTY PERSONALLY, AND AGAINST ANY ASSETS OF THE DEBTORSSUCH OTHER PARTY, WITHIN ANY OTHER STATE OR JURISDICTION.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH OF THE DEBTORS (A) AND THE COLLATERAL AGENT PARTIES HERETO IRREVOCABLY WAIVEWAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT TO THE EXTENT PERMITTED BY LAW, OR ANY OTHER PROGRAM DOCUMENT; (B) SUBMITS TO THE NONEXCLUSIVE PERSONAL JURISDICTION IN FULTON COUNTY, GEORGIA, THE STATE COURTS OF THE COURTS THEREOF STATES OF NEW YORK AND NORTH CAROLINA AND THE UNITED STATES DXXXXXXT DISTRICT COURTS FOR OF NORTH CAROLINA AND THE NORTHERN SOUTHERN DISTRICT OF GEORGIA, NEW YORK FOR THE ENFORCEMENT OF THIS AGREEMENT, AGREEMENT AND THE OTHER PROGRAM DOCUMENTS; (C) WAIVES ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY JURISDICTION TO OBJECT ON ANY BASIS (INCLUDING, WITHOUT LIMITATION, INCONVENIENCE OF FORUM) TO JURISDICTION OR VENUE WITHIN THE STATE OF GEORGIA STATES AND DISTRICTS DESCRIBED ABOVE FOR THE PURPOSE OF LITIGATION TO ENFORCE THIS AGREEMENT, AGREEMENT OR THE OTHER PROGRAM DOCUMENTS; AND (D) AGREES THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN THE MANNER PRESCRIBED IN THE INTERCREDITOR AGREEMENT FOR THE GIVING OF NOTICE TO THE COMPANYSECTION 8.2. NOTHING HEREIN CONTAINED, HOWEVER, SHALL PREVENT THE COLLATERAL AGENT ANY PARTY FROM BRINGING ANY ACTION OR EXERCISING ANY RIGHTS AGAINST ANY COLLATERAL SECURITY AND AGAINST ANY OF THE 140 DEBTORS OTHER PARTY PERSONALLY, AND AGAINST ANY ASSETS OF THE DEBTORSSUCH OTHER PARTY, WITHIN ANY OTHER STATE OR JURISDICTION.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH OF THE DEBTORS COMPANY (A) AND THE COLLATERAL AGENT IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT TO THE EXTENT PERMITTED BY LAW, (B) SUBMITS TO THE NONEXCLUSIVE PERSONAL JURISDICTION IN FULTON COUNTYFULTXX XXXNTY, GEORGIA, OF THE COURTS THEREOF AND THE UNITED STATES DXXXXXXT DISTRICT COURTS FOR THE NORTHERN DISTRICT OF GEORGIA, FOR THE ENFORCEMENT OF THIS AGREEMENT, (C) WAIVES ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY JURISDICTION TO OBJECT ON ANY BASIS (INCLUDING, WITHOUT LIMITATION, INCONVENIENCE OF FORUM) TO JURISDICTION OR VENUE WITHIN THE STATE OF GEORGIA FOR THE PURPOSE OF LITIGATION TO ENFORCE THIS AGREEMENT, AND (D) AGREES THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN THE MANNER PRESCRIBED IN THE INTERCREDITOR AGREEMENT FOR THE GIVING OF NOTICE TO THE COMPANY. NOTHING HEREIN CONTAINED, HOWEVER, SHALL PREVENT THE COLLATERAL AGENT FROM BRINGING ANY ACTION OR EXERCISING ANY RIGHTS AGAINST ANY COLLATERAL AND AGAINST ANY OF THE 140 DEBTORS COMPANY PERSONALLY, AND AGAINST ANY ASSETS OF THE DEBTORSCOMPANY, WITHIN ANY OTHER STATE OR JURISDICTION.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH OF THE DEBTORS BORROWER (A) AND EACH OF THE COLLATERAL BANKS AND THE AGENT IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT TO AGREEMENT, ANY OF THE EXTENT PERMITTED BY LAWOTHER LOAN DOCUMENTS, OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, (B) SUBMITS TO THE NONEXCLUSIVE PERSONAL JURISDICTION IN FULTON COUNTY, THE STATE OF GEORGIA, OF THE COURTS THEREOF AND THE UNITED STATES DXXXXXXT DISTRICT COURTS FOR THE NORTHERN DISTRICT OF GEORGIASITTING THEREIN, FOR THE ENFORCEMENT OF THIS AGREEMENT, THE NOTES AND THE OTHER LOAN DOCUMENTS, (C) WAIVES ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY JURISDICTION TO OBJECT ON ANY BASIS (INCLUDING, WITHOUT LIMITATION, INCONVENIENCE OF FORUM) TO JURISDICTION OR VENUE WITHIN THE STATE OF GEORGIA FOR THE PURPOSE OF LITIGATION TO ENFORCE THIS AGREEMENT, THE NOTES OR THE OTHER LOAN DOCUMENTS, AND (D) AGREES THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN THE MANNER PRESCRIBED IN THE INTERCREDITOR AGREEMENT SECTION 9.01 FOR THE GIVING OF NOTICE TO THE COMPANYBORROWER. NOTHING HEREIN CONTAINED, HOWEVER, SHALL PREVENT THE COLLATERAL AGENT FROM BRINGING ANY ACTION OR EXERCISING ANY RIGHTS AGAINST ANY COLLATERAL SECURITY AND AGAINST ANY OF THE 140 DEBTORS BORROWER PERSONALLY, AND AGAINST ANY ASSETS OF THE DEBTORSBORROWER, WITHIN ANY OTHER STATE OR JURISDICTION.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH OF THE DEBTORS BORROWER (A) AND EACH OF THE COLLATERAL BANKS AND THE AGENT IRREVOCABLY WAIVEWAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT TO AGREEMENT, ANY OF THE EXTENT PERMITTED BY LAWOTHER LOAN DOCUMENTS, OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, (B) SUBMITS TO THE NONEXCLUSIVE PERSONAL JURISDICTION IN FULTON COUNTYTHE STATE OF NORTH CAROLINA, GEORGIA, OF THE COURTS THEREOF AND THE UNITED STATES DXXXXXXT DISTRICT COURTS FOR THE NORTHERN DISTRICT OF GEORGIASITTING THEREIN, FOR THE ENFORCEMENT OF THIS AGREEMENT, THE NOTES AND THE OTHER LOAN DOCUMENTS, (C) WAIVES ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY JURISDICTION TO OBJECT ON ANY BASIS (INCLUDING, WITHOUT LIMITATION, INCONVENIENCE OF FORUM) TO JURISDICTION OR VENUE WITHIN THE STATE OF GEORGIA NORTH CAROLINA FOR THE PURPOSE OF LITIGATION TO ENFORCE THIS AGREEMENT, THE NOTES OR THE OTHER LOAN DOCUMENTS, AND (D) AGREES THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN THE MANNER PRESCRIBED IN THE INTERCREDITOR AGREEMENT SECTION 9.01 FOR THE GIVING OF NOTICE TO THE COMPANYBORROWER. NOTHING HEREIN CONTAINED, HOWEVER, SHALL PREVENT THE COLLATERAL AGENT FROM BRINGING ANY ACTION OR EXERCISING ANY RIGHTS AGAINST ANY COLLATERAL SECURITY AND AGAINST ANY OF THE 140 DEBTORS BORROWER PERSONALLY, AND AGAINST ANY ASSETS OF THE DEBTORSBORROWER, WITHIN ANY OTHER STATE OR JURISDICTION.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH OF THE DEBTORS --------------------------------------------- BORROWER (A) AND EACH OF THE COLLATERAL LENDERS AND THE ADMINISTRATIVE AGENT IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT TO AGREEMENT, ANY OF THE EXTENT PERMITTED BY LAWOTHER LOAN DOCUMENTS, OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, (B) SUBMITS TO THE NONEXCLUSIVE PERSONAL JURISDICTION IN FULTON COUNTY, THE STATE OF GEORGIA, OF THE COURTS THEREOF AND THE UNITED STATES DXXXXXXT DISTRICT COURTS FOR THE NORTHERN DISTRICT OF GEORGIASITTING THEREIN, FOR THE ENFORCEMENT OF THIS AGREEMENT, THE NOTES AND THE OTHER LOAN DOCUMENTS, AND (C) WAIVES ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY JURISDICTION TO OBJECT ON ANY BASIS (INCLUDING, WITHOUT LIMITATION, INCONVENIENCE OF FORUM) TO JURISDICTION OR VENUE WITHIN THE STATE OF GEORGIA FOR THE PURPOSE OF LITIGATION TO ENFORCE THIS AGREEMENT, AND (D) AGREES THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN THE MANNER PRESCRIBED IN NOTES OR THE INTERCREDITOR AGREEMENT FOR THE GIVING OF NOTICE TO THE COMPANYOTHER LOAN DOCUMENTS. NOTHING HEREIN CONTAINED, HOWEVER, SHALL PREVENT THE COLLATERAL ADMINISTRATIVE AGENT OR THE BANKS FROM BRINGING ANY ACTION OR EXERCISING ANY RIGHTS AGAINST ANY COLLATERAL AND AGAINST ANY OF THE 140 DEBTORS BORROWER PERSONALLY, AND AGAINST ANY ASSETS OF THE DEBTORSBORROWER, WITHIN ANY OTHER STATE OR JURISDICTION.