Common use of Applicable Law; Forum Clause in Contracts

Applicable Law; Forum. This Agreement is performable in North Carolina or New York, and the laws of the State of New York and applicable United States federal law shall govern the rights and duties of the parties hereto and the validity, enforcement and interpretation hereof. Borrower hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the jurisdiction of any state court sitting in Mecklenburg County, North Carolina or any federal court sitting in the Western District of the State of North Carolina and to the jurisdiction of any state court or any United States federal court, sitting in the state in which any of the Property is located, over any suit, action or proceeding arising out of or relating to this Agreement or the Loan. Obligors hereby irrevocably waives, to the fullest extent permitted by law, any objection that Obligors may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Obligors hereby agree and consent that, in addition to any methods of service or process provided for under applicable law, all service of process in any such suit, action or proceeding in any state court or any United States federal court sitting in the state(s) specified above may be made by certified or registered mail, return receipt requested, directed to Obligors at the address for notice to Obligors stated below, or at a subsequent address of which Lender received actual notice from Obligors in accordance with the Loan Documents, and service so made shall be complete five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Lender to serve process in any manner permitted by law or limit the right of Lender to bring proceedings against Obligors in any other court or jurisdiction.

Appears in 2 contracts

Samples: Indemnification and Release Agreement, Environmental Indemnification and Release Agreement (Inland Diversified Real Estate Trust, Inc.)

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Applicable Law; Forum. This Agreement is performable in the City of _____ , North Carolina or New YorkCarolina, and the laws of the State of New York North Carolina and applicable United States federal law shall govern the rights and duties of the parties hereto and the validity, enforcement and interpretation hereof. Borrower Obligors hereby irrevocably submits submit generally and unconditionally for itself themselves and in respect of its their property to the jurisdiction of any state court court, or any United States federal court, sitting in Mecklenburg County, North Carolina or any federal court sitting in the Western District of the State of North Carolina and to the jurisdiction of any state court or any United States federal court, sitting in the state in which any of the Property is located, over any suit, action or proceeding arising out of or relating to this Agreement or the LoanLoans. Obligors Each Obligor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Obligors such Obligor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Obligors Each Obligor hereby agree agrees and consent consents that, in addition to any methods of service or process provided for under applicable law, all service of process in any such suit, action or proceeding in any state court court, or any United States federal court court, sitting in the state(s) state specified above above, may be made by certified or registered mail, return receipt requested, directed to Obligors such Obligor at the address for notice to Obligors such Obligor stated below, or at a subsequent address of which Lender Agent received actual notice from Obligors such Obligor in accordance with the Loan Documents, and service so made shall be complete five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Lender Agent to serve process in any manner permitted by law or limit the right of Lender Agent to bring proceedings against Obligors any Obligor in any other court or jurisdiction.

Appears in 1 contract

Samples: Credit Agreement (Cogdell Spencer Inc.)

Applicable Law; Forum. This Agreement is performable in North Carolina or New York, and the The laws of the State of New York Colorado and applicable United States federal law shall govern the rights and duties of the parties hereto and the validity, enforcement and interpretation hereof. Borrower hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the jurisdiction of any state court sitting in Mecklenburg County, North Carolina or any United States federal court court, sitting in the Western District of the State of North Carolina Colorado and to the jurisdiction of any state court or any United States federal court, sitting in the state in which any of the Property is located, over any suit, action or proceeding arising out of or relating to this Agreement or the Loan. Obligors Borrower hereby irrevocably waives, to the fullest extent permitted by law, any objection that Obligors Borrower may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Obligors Borrower hereby agree agrees and consent consents that, in addition to any methods of service or process provided for under applicable law, all service of process in any such suit, action or proceeding in any state court or any United States federal court sitting in the state(s) specified above may be made by certified or registered mail, return receipt requested, directed to Obligors Borrower at the address for notice to Obligors Borrower stated below, or at a subsequent address of which Lender Administrative Agent received actual notice from Obligors Borrower in accordance with the Loan Documents, and service so made shall be complete five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Administrative Agent or any Lender to serve process in any manner permitted by law or limit the right of Administrative Agent or any Lender to bring proceedings against Obligors Borrower in any other court or jurisdiction.

Appears in 1 contract

Samples: Indemnification and Release Agreement (KBS Real Estate Investment Trust II, Inc.)

Applicable Law; Forum. This Agreement is performable in North Carolina or New YorkSpringfield, Missouri, and the laws of the State of New York Missouri and applicable United States federal law shall govern the rights and duties of the parties hereto and the validity, enforcement and interpretation hereof. Borrower and Beneficiary hereby irrevocably submits submit generally and unconditionally for itself and in respect of its property to the jurisdiction of any state court or any United States federal court, sitting in Mecklenburg County, North Carolina or any federal court sitting Jackson County in the Western District of the State of North Carolina Missouri and to the jurisdiction of any state court or any United States federal court, sitting in the state city in which any of the Property is located, over any suit, action or proceeding arising out of or relating to this Agreement or the LoanAgreement. Obligors Borrower and Beneficiary hereby irrevocably waiveswaive, to the fullest extent permitted by law, any objection that Obligors either of them may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Obligors Borrower and Beneficiary hereby agree and consent that, in addition to any methods of service or process provided for under applicable law, all service of process in any such suit, action or proceeding under this Agreement in any state court or any United States federal court sitting in the state(s) specified above may be made by certified or registered mail, return receipt requested, directed to Obligors the recipient at the address for notice to Obligors the recipient stated below, or at a subsequent address of which Lender the sending party received actual notice from Obligors the recipient in accordance with the Loan Documents, and service so made shall be complete five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Lender either party to serve process in any manner permitted by law or limit the right of Lender either party to bring proceedings against Obligors the other party in any other court or jurisdiction.

Appears in 1 contract

Samples: Environmental Indemnification and Release Agreement

Applicable Law; Forum. This Agreement is performable in the City of _____, North Carolina or New YorkCarolina, and the laws of the State of New York North Carolina and applicable United States federal law shall govern the rights and duties of the parties hereto and the validity, enforcement and interpretation hereof. Borrower Obligors hereby irrevocably submits submit generally and unconditionally for itself themselves and in respect of its their property to the jurisdiction of any state court court, or any United States federal court, sitting in Mecklenburg County, North Carolina or any federal court sitting in the Western District of the State of North Carolina and to the jurisdiction of any state court or any United States federal court, sitting in the state in which any of the Property is located, over any suit, action or proceeding arising out of or relating to this Agreement or the LoanLoans. Obligors Each Obligor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Obligors such Obligor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Obligors Each Obligor hereby agree agrees and consent consents that, in addition to any methods of service or process provided for under applicable law, all service of process in any such suit, action or proceeding in any state court court, or any United States federal court court, sitting in the state(s) state specified above above, may be made by certified or registered mail, return receipt requested, directed to Obligors such Obligor at the address for notice to Obligors such Obligor stated below, or at a subsequent address of which Lender Agent received actual notice from Obligors such Obligor in accordance with the Loan Documents, and service so made shall be complete five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Lender Agent to serve process in any manner permitted by law or limit the right of Lender Agent to bring proceedings against Obligors any Obligor in any other court or jurisdiction.

Appears in 1 contract

Samples: Credit Agreement (Cogdell Spencer Inc.)

Applicable Law; Forum. This Agreement is performable in North Carolina or New YorkConverse County, Wyoming, and the laws of the State of New York Wyoming, and applicable United States federal law shall govern the rights and duties of the parties hereto and the validity, enforcement and interpretation hereof. Borrower Obligors hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the jurisdiction of any state court sitting in Mecklenburg Countycourt, North Carolina or any United States federal court court, sitting in the Western District of the State of North Carolina Nevada and to the jurisdiction of any state court or any United States federal court, sitting in the state in which any of the Property is located, over any suit, action or proceeding arising out of or relating to this Agreement or the Loan. Obligors Obligor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Obligors Obligor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Obligors Obligor hereby agree agrees and consent consents that, in addition to any methods of service or process provided for under applicable law, all service of process in any such suit, action or proceeding in any state court court, or any United States federal court court, sitting in the state(s) state specified above above, may be made by certified or registered mail, return receipt requested, directed to Obligors Obligor at the its address for notice to Obligors stated below, or at a subsequent address of which Lender received actual notice from Obligors Obligor in accordance with the Loan Documents, and service so made shall be complete five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Lender to serve process in any manner permitted by law or limit the right of Lender to bring proceedings against Obligors Obligor in any other court or jurisdiction.

Appears in 1 contract

Samples: Environmental (Interline Resources Corp)

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Applicable Law; Forum. This Agreement is performable in North Carolina or New Yorkthe City of Virginia Beach, Virginia, and the laws of the State Commonwealth of New York Virginia and applicable United States federal law shall govern the rights and duties of the parties hereto and the validity, enforcement and interpretation hereof. Borrower hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the jurisdiction of any state court sitting in Mecklenburg County, North Carolina or any United States federal court court, sitting in the Western District Commonwealth of the State of North Carolina Virginia and to the jurisdiction of any state court or any United States federal court, sitting in the state in which any of the Property is located, over any suit, action or proceeding arising out of or relating to this Agreement or the Loan. Obligors Borrower hereby irrevocably waives, to the fullest extent permitted by law, any objection that Obligors Borrower may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Obligors Borrower hereby agree agrees and consent consents that, in addition to any methods of service or process provided for under applicable law, all service of process in any such suit, action or proceeding in any state court or any United States federal court sitting in the state(s) specified above may be made by certified or registered mail, return receipt requested, directed to Obligors Borrower at the address for notice to Obligors Borrower stated below, or at a subsequent address of which Lender received actual notice from Obligors Borrower in accordance with the Loan Documents, and service so made shall be complete five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Lender to serve process in any manner permitted by law or limit the right of Lender to bring proceedings against Obligors Borrower in any other court or jurisdiction.. Environmental Agreement #438686v6

Appears in 1 contract

Samples: Indemnification and Release Agreement

Applicable Law; Forum. This Agreement is performable in North Carolina or New Yorkthe City of Virginia Beach, Virginia, and the laws of the State Commonwealth of New York Virginia and applicable United States federal law shall govern the rights and duties of the parties hereto and the validity, enforcement and interpretation hereof. Borrower hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the jurisdiction of any state court sitting in Mecklenburg County, North Carolina or any United States federal court court, sitting in the Western District Commonwealth of the State of North Carolina Virginia and to the jurisdiction of any state court or any United States federal court, sitting in the state in which any of the Property is located, over any suit, action or proceeding arising out of or relating to this Agreement or the Loan. Obligors Borrower hereby irrevocably waives, to the fullest extent permitted by law, any objection that Obligors Borrower may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Obligors Borrower hereby agree agrees and consent consents that, in addition to any methods of service or process provided for under applicable law, all service of process in any such suit, action or proceeding in any state court or any United States federal court sitting in the state(s) specified above may be made by certified or registered mail, return receipt requested, directed to Obligors Borrower at the address for notice to Obligors Borrower stated below, or at a subsequent address of which Lender received actual notice from Obligors Borrower in accordance with the Loan Documents, and service so made shall be complete five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Lender to serve process in any manner permitted by law or limit the right of Lender to bring proceedings against Obligors Borrower in any other court or jurisdiction.. BofA/Landstown Environmental Agreement #438686v6

Appears in 1 contract

Samples: Indemnification and Release Agreement (Inland Diversified Real Estate Trust, Inc.)

Applicable Law; Forum. This Agreement is performable in Charlotte, North Carolina or New YorkCarolina, and the laws of the State of New York North Carolina and applicable United States federal law shall govern the rights and duties of the parties hereto and the validity, enforcement and interpretation hereof. Borrower Obligor hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the jurisdiction of any state court or any United States federal court, sitting in Mecklenburg County, North Carolina or any federal court sitting in the Western District of the State of North Carolina and to the jurisdiction of any state court or any United States federal court, sitting in the state in which any of the Property is located, over any suit, action or proceeding arising out of or relating to this Agreement or the Loan. Obligors Obligor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Obligors Obligor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Obligors Obligor hereby agree agrees and consent consents that, in addition to any methods of service or process provided for under applicable law, all service of process in any such suit, action or proceeding in any state court or any United States federal court sitting in the state(s) specified above may be made by certified or registered mail, return receipt requested, directed to Obligors Obligor at the address for notice to Obligors Obligor stated below, or at a subsequent address of which Lender received actual notice from Obligors Obligor in accordance with the Loan Documents, and service so made shall be complete five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Lender to serve process in any manner permitted by law or limit the right of Lender to bring proceedings against Obligors Obligor in any other court or jurisdiction.

Appears in 1 contract

Samples: Environmental Indemnification and Release Agreement (Inland Real Estate Income Trust, Inc.)

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