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SEC Filings

SC 13D
ALLEN PAUL G filed this Form SC 13D on 11/22/1999
Entire Document
 
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any such proceeding brought in such a court has been brought in an inconvenient
forum. Notwithstanding the preceding two sentences, the Bank retains the right
to bring any suit, action or proceeding seeking to enforce any provision of, or
based on any matter arising out of or in connection with, this Agreement, the
Note, any other Loan Document or any of the transactions contemplated hereby or
thereby in any court that has jurisdiction over the parties and subject matter.

        SECTION 8.10 WAIVER OF JURY TRIAL. THE BORROWER AND THE BANK HEREBY
IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR
COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR
RELATING TO ANY OF THIS AGREEMENT, THE NOTE, THE PLEDGE AGREEMENT, ANY OTHER
LOAN DOCUMENT, THE ADVANCES OR THE ACTIONS OF THE BANK IN THE NEGOTIATION,
ADMINISTRATION, PERFORMANCE OR ENFORCEMENT THEREOF.

        IN WITNESS WHEREOF, the Borrower and the Bank have executed this
Agreement as of the date first above written.

                                        /s/
                                        ----------------------------------------
                                        Paul G. Allen

                                        CITIBANK, N.A.

                                        By /s/
                                           -------------------------------------
                                           Vice President



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