Common use of Financing Source Arrangements Clause in Contracts

Financing Source Arrangements. Notwithstanding anything contained herein to the contrary, including Section 11.08, each of the parties hereto agrees that (a) any claim, suit, action or proceeding arising out of the transactions contemplated by this Agreement or the debt commitment letter, dated as of the date hereof, among Parent, Bank of America, N.A. and ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇ Incorporated (the “Debt Commitment Letter”), to the extent involving any party to the Debt Commitment Letter, any of the entities that have at any time committed to provide financing in connection with the Merger, or any of their respective Affiliates or Representatives (the “Financing Sources”), shall be subject to the exclusive jurisdiction of a state or federal court sitting in the County of New York, (b) it will not, and it will not permit any of its controlled Affiliates to, bring or support anyone else in bringing any claim, suit, action or proceeding in any other court, against any of the Financing Sources in any way relating to this Agreement or any of the transactions contemplated by this Agreement, (c) it waives any right to trial by jury in respect of any such claim, suit, action or proceeding and (d) the parties to the Debt Commitment Letter and the Financing Sources are express third-party beneficiaries of this Section 11.10.