Action by Bank. If an Event of Default has occurred, Bank may, but need not, make any payment or perform any act herein required of Borrower in any form and manner deemed expedient by it, and may, but need not, purchase, discharge, compromise or settle any tax lien or other lien, security interest, or other encumbrance at any time levied or placed on the Collateral. All monies paid for any of the purposes herein authorized and expenses paid or incurred in connection therewith, including reasonable attorneys' fees, and any other monies advanced by Bank to protect the Collateral and the security interest and lien hereof, shall be additional indebtedness secured hereby and shall become immediately due and payable without notice and with interest thereon at the rate set forth in the Revolving Note. Inaction of Bank shall never be considered a waiver of any right accruing to it on account of any default on the part of Borrower.
Action by Bank. No notice to or demand upon the Company in any instance, shall entitle the Company to any other or further notice or demand under similar or other circumstances, unless expressly required by this Agreement, any other Loan Document or applicable law. The Bank shall be entitled to rely upon any instrument or communication in any form believed by it to be genuine and to have been signed or sent by a proper Person. The Bank shall not be liable for any action taken or omitted to be taken by it hereunder or under any other Loan Document, except for its own manifest error, gross negligence or willful misconduct.
Action by Bank. In the event that Bank brings any action against a Company Party, each Company Party hereby irrevocably and unconditionally submits, for itself, its successors and assigns, and its property, to the jurisdiction of federal court, to the extent permitted by law, or state court, in each case, sitting in the Eastern District of Arkansas, and each Company Party hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding shall be heard and determined in federal court, to the extent permitted by law, or state court, in each case, sitting in the Eastern District of Arkansas. Bank hereby irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection, including the defense of an inconvenient forum, that it may now or hereafter have to the laying of venue of any suit, action or proceeding brought by Bank arising out of or relating to this Agreement in federal court to the extent permitted by law, or state court, in each case sitting in the Southern District of New York.
