Common use of Appointment of Agent for Service of Process; Waiver of Immunity Clause in Contracts

Appointment of Agent for Service of Process; Waiver of Immunity. (a) Each of Ultimate Parent, Intermediate Parent, the Borrower and each other Loan Party hereby irrevocably designates, appoints and empowers, for the benefit of the parties hereto (other than Ultimate Parent, Intermediate Parent, the Borrower or any other Loan Party) and the Indemnitees, Actavis as its designee, appointee and agent to receive, accept and acknowledge for and on behalf of it, and in respect of its property, service of any and all legal process, summons, notices and documents that may be served in any suit, action or proceeding brought in connection with or as a result of this Agreement, the other Loan Documents, the Loans made to the Borrower hereunder and the other transactions contemplated hereby. Such service may be made by mailing or delivering a copy of such process to Ultimate Parent, Intermediate Parent, the Borrower or such other Loan Party in care of Actavis at its address at Xxxxxx Corporate Center III, 000 Xxxxxxxxx Xxxxxxx, Xxxxxxxxxx, Xxx Xxxxxx 00000, Attention: Xxxxxxx Xxxxxxxx, Senior Vice President, Treasurer (or another officer of Actavis), and each of Ultimate Parent, Intermediate Parent, the Borrower and each other Loan Party hereby irrevocably authorizes and directs Actavis to accept such service on its behalf. (b) Actavis hereby acknowledges and accepts its designation, appointment and empowerment by Ultimate Parent, Intermediate Parent, the Borrower and each other Loan Party (other than Actavis) as their designee, appointee and agent to receive, accept and acknowledge for and on their behalf of, and in respect of their property, service of any and all legal process, summons, notices and documents that may be served in any suit, action or proceeding brought in connection with or as a result of this Agreement, the other Loan Documents, the Loans made to the Borrower hereunder and the other transactions contemplated hereby. (c) In the event Ultimate Parent, Intermediate Parent, the Borrower or any other Loan Party or any of their respective property shall have or hereafter acquire, in any jurisdiction in which any action, proceeding or investigation may at any time be brought in connection with or as a result of this Agreement, the other Loan Documents, the Loans made to the Borrower hereunder and the other transactions contemplated hereby, any immunity from jurisdiction, legal proceedings, attachment (whether before or after judgment), execution, judgment or setoff, each of Ultimate Parent, Intermediate Parent, the Borrower and each other Loan Party hereby agrees not to claim, and hereby irrevocably and unconditionally waives, such immunity.

Appears in 3 contracts

Samples: Amendment Agreement (Warner Chilcott LTD), Term Loan Credit and Guaranty Agreement (Warner Chilcott LTD), Bridge Loan Credit and Guaranty Agreement (Warner Chilcott LTD)

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Appointment of Agent for Service of Process; Waiver of Immunity. (a) Each of Ultimate Parent, Intermediate Parent, the Borrower and each other Loan Party hereby irrevocably designates, appoints and empowers, for the benefit of the parties hereto (other than Ultimate Parent, Intermediate Parent, the Borrower or any other Loan Party) and the Indemnitees, Actavis as its designee, appointee and agent to receive, accept and acknowledge for and on behalf of it, and in respect of its property, service of any and all legal process, summons, notices and documents that may be served in any suit, action or proceeding brought in connection with or as a result of this Agreement, the other Loan Documents, the Loans Credit Extensions made to the Borrower hereunder and the other transactions contemplated hereby. Such service may be made by mailing or delivering a copy of such process to Ultimate Parent, Intermediate Parent, the Borrower or such other Loan Party in care of Actavis at its address at Xxxxxx Corporate Center III, 000 Xxxxxxxxx Xxxxxxx, Xxxxxxxxxx, Xxx Xxxxxx 00000, Attention: Xxxxxxx Xxxxxxxx, Senior Vice President, Treasurer (or another officer of Actavis), and each of Ultimate Parent, Intermediate Parent, the Borrower and each other Loan Party hereby irrevocably authorizes and directs Actavis to accept such service on its behalf. (b) Actavis hereby acknowledges and accepts its designation, appointment and empowerment by Ultimate Parent, Intermediate Parent, the Borrower and each other Loan Party (other than Actavis) as their designee, appointee and agent to receive, accept and acknowledge for and on their behalf of, and in respect of their property, service of any and all legal process, summons, notices and documents that may be served in any suit, action or proceeding brought in connection with or as a result of this Agreement, the other Loan Documents, the Loans Credit Extensions made to the Borrower hereunder and the other transactions contemplated hereby. (c) In the event Ultimate Parent, Intermediate Parent, the Borrower or any other Loan Party or any of their respective property shall have or hereafter acquire, in any jurisdiction in which any action, proceeding or investigation may at any time be brought in connection with or as a result of this Agreement, the other Loan Documents, the Loans Credit Extensions made to the Borrower hereunder and the other transactions contemplated hereby, any immunity from jurisdiction, legal proceedings, attachment (whether before or after judgment), execution, judgment or setoff, each of Ultimate Parent, Intermediate Parent, the Borrower and each other Loan Party hereby agrees not to claim, and hereby irrevocably and unconditionally waives, such immunity.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Warner Chilcott LTD)

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Appointment of Agent for Service of Process; Waiver of Immunity. (a) Each of Ultimate Parent, Intermediate Parent, the Luxembourg Borrower and each other Loan Party hereby irrevocably designates, appoints and empowers, for the benefit of the parties hereto (other than Ultimate Parent, Intermediate Parent, the any Borrower or any other Loan Party) and the Indemnitees, Actavis the US Borrower as its designee, appointee and agent to receive, accept and acknowledge for and on behalf of it, and in respect of its property, service of any and all legal process, summons, notices and documents that may be served in any suit, action or proceeding brought in connection with or as a result of this Agreement, the other Loan Documents, the Loans made to the Borrower Borrowers hereunder and the other transactions contemplated hereby. Such service may be made by mailing or delivering a copy of such process to Ultimate Parent, Intermediate Parent, the Luxembourg Borrower or such other Loan Party in care of Actavis the US Borrower at its address at Xxxxxx Corporate Center III, 000 Xxxxxxxxx Xxxxxxx, Xxxxxxxxxx, Xxx Xxxxxx 00000, Attention: Xxxxxxx Xxxxxxxx, Senior Vice President, Treasurer (or another officer of Actavisthe US Borrower), and each of Ultimate Parent, Intermediate Parent, the Luxembourg Borrower and each other Loan Party hereby irrevocably authorizes and directs Actavis the US Borrower to accept such service on its behalf. (b) Actavis The US Borrower hereby acknowledges and accepts its designation, appointment and empowerment by Ultimate Parent, Intermediate Parent, the Luxembourg Borrower and each other Loan Party (other than Actavisthe US Borrower) as their designee, appointee and agent to receive, accept and acknowledge for and on their behalf of, and in respect of their property, service of any and all legal process, summons, notices and documents that may be served in any suit, action or proceeding brought in connection with or as a result of this Agreement, the other Loan Documents, the Loans made to the Borrower Borrowers hereunder and the other transactions contemplated hereby. (c) In the event Ultimate Parent, Intermediate Parent, the Luxembourg Borrower or any other Loan Party or any of their respective property shall have or hereafter acquire, in any jurisdiction in which any action, proceeding or investigation may at any time be brought in connection with or as a result of this Agreement, the other Loan Documents, the Loans made to the Borrower Borrowers hereunder and the other transactions contemplated hereby, any immunity from jurisdiction, legal proceedings, attachment (whether before or after judgment), execution, judgment or setoff, each of Ultimate Parent, Intermediate Parent, the Luxembourg Borrower and each other Loan Party hereby agrees not to claim, and hereby irrevocably and unconditionally waives, such immunity.

Appears in 1 contract

Samples: Cash Bridge Loan Credit and Guaranty Agreement (Warner Chilcott LTD)

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