Kodak 2011 Annual Report Download - page 335

Agreement in the Bankruptcy Court or any New York State or federal court. Each of the parties hereto hereby irrevocably waives, to the
fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.
(c) Each of the parties hereto hereby irrevocably waives 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 this Agreement or the actions of the Agent or any Secured Party in the negotiation,
administration, performance or enforcement thereof.
Section 28. Intercreditor Agreement Controlling . Notwithstanding anything herein to the contrary, the liens and security interests
granted to the Agent pursuant to this Agreement and the exercise of any right or remedy by the Agent hereunder, in each case, with respect to the Collateral
are subject to the limitations and provisions for the Intercreditor Agreement. In the event of any inconsistency between the terms or conditions of this
Agreement and the terms and conditions of the Intercreditor Agreement, the terms and conditions of the Intercreditor Agreement shall control.
Section 29. Marshalling . Neither the Agent nor the Secured Parties shall be required to marshal any present or future collateral security
(including but not limited to the Collateral for, or other assurance of payment of, the Secured Obligations or any of them) or to resort to such collateral
security or other assurances of payment in any particular order, and all of their rights and remedies hereunder and in respect of such collateral security and
other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising.
Section 30. Inconsistency
. In the event of any inconsistency or conflict between the provisions of this Agreement and the Interim Order
(and, when applicable, the Final Order), the provisions of the Interim Order (and, when applicable, the Final Order) shall govern.
IN WITNESS WHEREOF, each Grantor has caused this Agreement to be duly executed and delivered by its officer thereunto duly
authorized as of the date first above written.
EASTMAN KODAK COMPANY
By: _______________
Name:
Title:
CREO MANUFACTURING AMERICA LLC
KODAK AVIATION LEASING LLC
By_______________________________
Name:
Title:
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