NOTICE OF ACCEPTANCE HEREOF. Each Borrower acknowledges that the foregoing waivers are a material inducement to Agent and Lenders entering into this Agreement and that Agent and Lenders are relying upon the foregoing in their dealings with Borrowers. Each Borrower has reviewed the foregoing waivers with its legal counsel and has knowingly and voluntarily waived its jury trial and other rights following consultation with legal counsel. In the event of litigation, this Agreement may be filed as a written consent to a trial by the court.
NOTICE OF ACCEPTANCE HEREOF. Grantor acknowledges that the foregoing waivers are a material inducement to Agent and Lenders entering into the Loan Agreement and that Agent and Lenders are relying upon the foregoing in their dealings with Grantor. Grantor has reviewed the foregoing waivers with its legal counsel and has knowingly and voluntarily waived its jury trial and other rights following consultation with legal counsel. In the event of litigation, this Agreement may be filed as a written consent to a trial by the court.
NOTICE OF ACCEPTANCE HEREOF. The Borrower and each Guarantor acknowledges that the foregoing waivers are a material inducement to Administrative Agent and Lenders entering into this Agreement and that Administrative Agent and Lenders are relying upon the foregoing in their dealings with the Borrower and the Guarantors. The Borrower and each Guarantor has reviewed the foregoing waivers with its legal counsel and has knowingly and voluntarily waived its jury trial and other rights following consultation with legal counsel. In the event of litigation, this Agreement may be filed as a written consent to a trial by the court.
NOTICE OF ACCEPTANCE HEREOF. Pledgor acknowledges that the foregoing waivers are a material inducement to Agent and Lenders entering into the Loan Agreement and that Agent and Lenders are relying upon the foregoing in their dealings with Pledgor. Pledgor has reviewed the foregoing waivers with its legal counsel and has knowingly and voluntarily waived its jury trial and other rights following consultation with legal counsel. In the event of litigation, this Agreement may be filed as a written consent to a trial by the court.
NOTICE OF ACCEPTANCE HEREOF. Guarantor acknowledges that the foregoing waivers are a material inducement to Agent and Lenders entering into the Loan Agreement and that Agent and Lenders are relying upon the foregoing in their dealings with Guarantor. Guarantor has reviewed the foregoing waivers with its legal counsel and has knowingly and voluntarily waived its jury trial and other rights following consultation with legal counsel. In the event of litigation, this Agreement may be filed as a written consent to a trial by the court.
NOTICE OF ACCEPTANCE HEREOF. 14.14.2. The Borrowers acknowledge that the foregoing waivers in this Section 14.14 and the waivers set forth in Sections 14.13 are a material inducement to Agent and Lenders entering into this Agreement and that Agent and Lenders are relying upon the foregoing in their dealings with the Borrowers and each other Obligor. The Borrowers have reviewed the foregoing waivers and the waivers set forth in Section 14.13 with its legal counsel and has knowingly and voluntarily waived its jury trial and other rights following consultation with legal counsel. In the event of litigation, this Agreement may be filed as a written consent to a trial by the court.
NOTICE OF ACCEPTANCE HEREOF. AND (vi) EXCEPT AS PROHIBITED BY LAW, ANY RIGHT TO CLAIM OR RECOVER ANY SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES OTHER THAN, OR IN ADDITION TO, ACTUAL DAMAGES. EACH BORROWER ACKNOWLEDGES THAT THE FOREGOING WAIVERS ARE A MATERIAL INDUCEMENT TO AGENT'S AND EACH LENDER'S ENTERING INTO THIS AGREEMENT AND THAT AGENT AND EACH LENDER IS RELYING UPON THE FOREGOING WAIVERS IN ITS FUTURE DEALINGS WITH BORROWERS. EACH BORROWER WARRANTS AND REPRESENTS THAT IT HAS REVIEWED THE FOREGOING WAIVERS WITH ITS LEGAL COUNSEL AND HAS KNOWINGLY AND VOLUNTARILY WAIVED ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL. IN THE EVENT OF LITIGATION, THIS AGREEMENT MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT.
NOTICE OF ACCEPTANCE HEREOF. Each Obligor acknowledges that the foregoing waivers are a material inducement to Lender entering into this Amendment and that Lender is relying upon the foregoing in its dealings with such Obligor. Obligors have reviewed the foregoing waivers with its legal counsel and has knowingly and voluntarily waived its jury trial and other rights following consultation with legal counsel. In the event of litigation, this Amendment may be filed as a written consent to a trial by the court.
NOTICE OF ACCEPTANCE HEREOF. IF AND TO THE EXTENT THAT ANY OBLIGATION OF ANY BORROWER TO BANK SHALL BE CONSIDERED AN OBLIGATION OF GUARANTY OR SURETYSHIP, THEN THE FOLLOWING WAIVER SHALL APPLY WITH RESPECT TO EACH SUCH PERSON: SUCH BORROWER AGREES THAT BANK SHALL BE UNDER NO OBLIGATION TO: (i) MARSHAL ANY ASSETS IN FAVOR OF SUCH PERSON, (ii) TO PROCEED FIRST AGAINST ANY OTHER PERSON OR ANY PROPERTY OF ANY OTHER PERSON OR AGAINST ANY COLLATERAL, (iii) ENFORCE FIRST ANY OTHER GUARANTY OBLIGATIONS WITH RESPECT TO, OR SECURITY FOR, THE OBLIGATIONS, (iv) PURSUE ANY OTHER REMEDY IN BANK'S POWER THAT SUCH BORROWER MAY NOT BE ABLE TO PURSUE ITSELF AND THAT MAY LIGHTEN SUCH BORROWER'S BURDEN, ANY RIGHT TO WHICH SUCH BORROWER HEREBY EXPRESSLY WAIVES. TO THE EXTENT THAT ANY BORROWER SHALL BE REQUIRED TO REPAY A PORTION OF ANY OBLIGATIONS WHICH SHALL EXCEED THE GREATER OF (X) THE AMOUNT OF SUCH BORROWING ACTUALLY RECEIVED BY SUCH BORROWER AND (Y) THE AMOUNT WHICH SUCH BORROWER WOULD OTHERWISE HAVE PAID IF EACH BORROWER HAD REPAID THE AGGREGATE AMOUNT OF SUCH BORROWING IN THE SAME PROPORTION AS SUCH BORROWER'S NET WORTH IMMEDIATELY AFTER THE CLOSING DATE BEARS TO THE AGGREGATE NET WORTH OF ALL OF BORROWERS IMMEDIATELY AFTER THE CLOSING DATE, THEN SUCH BORROWER SHALL BE REIMBURSED BY THE OTHER BORROWER FOR THE AMOUNT OF SUCH EXCESS, PRO RATA, BASED UPON THEIR RESPECTIVE NET WORTHS IMMEDIATELY AFTER THE CLOSING DATE. THIS PARAGRAPH IS INTENDED ONLY TO DEFINE THE RELATIVE RIGHTS OF THE borrowers' AND NOTHING SET FORTH IN THIS PARAGRAPH IS INTENDED TO OR SHALL IMPAIR THE OBLIGATIONS OF borrowers' JOINTLY AND SEVERALLY, TO PAY TO BANK THE OBLIGATIONS AS AND WHEN THE SAME SHALL BECOME DUE AND PAYABLE IN ACCORDANCE WITH THE TERMS HEREOF. EACH BORROWER ACKNOWLEDGES THAT THE FOREGOING WAIVERS AND THE WAIVERS SET FORTH IN SECTION 12 OF THIS AGREEMENT, ARE A MATERIAL INDUCEMENT TO BANK'S ENTERING INTO THIS AGREEMENT AND THAT BANK IS RELYING UPON THE FOREGOING WAIVERS IN ITS FUTURE DEALINGS WITH SUCH BORROWER.
NOTICE OF ACCEPTANCE HEREOF. Each party hereto acknowledges that the foregoing waivers are a material inducement to each other party hereto entering into this Agreement and that each party hereto is relying upon the foregoing in their dealings with each other party hereto. Each party hereto has reviewed the foregoing waivers with its legal counsel and has knowingly and voluntarily waived its jury trial and other rights following consultation with legal counsel. In the event of litigation, this Agreement may be filed as a written consent to a trial by the court.
