Common use of Actions Against Lender Clause in Contracts

Actions Against Lender. Any action brought by the GUARANTOR against the LENDER which is based, directly or indirectly, on this GUARANTY or any matter in or related to this GUARANTY, including but not limited to the obligations of the BORROWER to the LENDER, the administration, collection, or enforcement thereof, shall be brought only in the courts of the State of Maryland. The GUARANTOR may not file a counterclaim against the LENDER in a suit brought by the LENDER against the GUARANTOR in a state other than the State of Maryland unless under the rules of procedure of the court in which the LENDER brought the action the counterclaim is mandatory, and not merely permissive, and will be considered waived unless filed as a counterclaim in the action instituted by the LENDER. The GUARANTOR agrees that any forum other than the State of Maryland is an inconvenient forum and that a suit brought by the GUARANTOR against the LENDER in a court of any state other than the State of Maryland should be forthwith dismissed or transferred to a court located in the State of Maryland by that court.

Appears in 2 contracts

Samples: Guaranty Agreement (Ch Energy Group Inc), Guaranty Agreement (Ch Energy Group Inc)

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Actions Against Lender. Any action brought by the GUARANTOR BORROWER against the LENDER which is based, directly or indirectly, on this GUARANTY Promissory Note or any matter in or related to this GUARANTYPromissory Note, including but not limited to the obligations making of the BORROWER to loan evidenced hereby or the LENDER, the administration, collection, administration or enforcement collection thereof, shall be brought only in the courts of the State of Maryland. The GUARANTOR BORROWER may not file a counterclaim against the LENDER in a suit brought by the LENDER against the GUARANTOR BORROWER in a state other than the State of Maryland unless under the rules of procedure of the court in which the LENDER brought the action the counterclaim is mandatory, and not merely permissive, and will be considered waived unless filed as a counterclaim in the action instituted by the LENDER. The GUARANTOR BORROWER agrees that any forum other than the State of Maryland is an inconvenient forum and that a suit brought by the GUARANTOR BORROWER against the LENDER in a court of any state other than the State of Maryland should be forthwith dismissed or transferred to a court located in the State of Maryland by that courtCourt.

Appears in 1 contract

Samples: Loan and Security Agreement (Accom Inc)

Actions Against Lender. Any action brought by the GUARANTOR BORROWER against the LENDER which is based, directly or indirectly, on this GUARANTY Promissory Note or any matter in or related to this GUARANTYPromissory Note, including but not limited to the obligations making of the BORROWER to loan evidenced hereby or the LENDER, the administration, collection, administration or enforcement collection thereof, shall be brought only in the courts of located in the State of Maryland. The GUARANTOR BORROWER may not file a counterclaim against the LENDER in a suit brought by the LENDER against the GUARANTOR BORROWER in a state other than the State of Maryland unless under the rules of procedure of the court in which the LENDER brought the action the counterclaim is mandatory, and not merely permissive, and will be considered waived unless filed as a counterclaim in the action instituted by the LENDER. The GUARANTOR BORROWER agrees that any forum other than the State of Maryland is an inconvenient forum and that a suit brought by the GUARANTOR BORROWER against the LENDER in a court of any state other than the State of Maryland should be forthwith dismissed or transferred to a court located in the State of Maryland by that courtCourt.

Appears in 1 contract

Samples: Loan and Security Agreement (Ea Engineering Science & Technology Inc)

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Actions Against Lender. Any action brought by the GUARANTOR against the LENDER which is based, directly or indirectly, on this GUARANTY or any matter in or related to this GUARANTY, including but not limited to the obligations of the BORROWER to the LENDER, the administration, collection, or enforcement thereof, shall be brought only in the courts of the State of Maryland. The GUARANTOR may not file a counterclaim against the LENDER in a suit brought by the LENDER against the GUARANTOR in a state other than the State of Maryland unless under the rules of procedure of the court in which the LENDER brought the action or the counterclaim is mandatory, and not merely permissive, and will be considered waived unless filed as a counterclaim in the action instituted by the LENDER. The GUARANTOR agrees that any forum other than the State of Maryland is an inconvenient forum and that a suit brought by the GUARANTOR against the LENDER in a court of any state other than the State of Maryland should be forthwith dismissed or transferred to a court located in the State of Maryland by that court.

Appears in 1 contract

Samples: Guaranty Agreement (Avatech Solutions Inc)

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