Common use of Appointment of Process Agent and Service of Process Clause in Contracts

Appointment of Process Agent and Service of Process. Total hereby appoints CT Corporation System, located on the date hereof at 000 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, as its agent (the “Process Agent”) to receive services of copies of the summons and complaint and any other process that may be served in any such action or proceeding in the State of New York. Total shall provide written notice to SunPower and DOE at least ten (10) days prior to any change in address of the Process Agent and, if for any reason CT Corporation System shall cease to act as a Process Agent for Total or shall cease to maintain an office in New York State, Total shall promptly designate a new agent in New York City to act on the terms and for the purposes of this Section 11(f), which Person shall be reasonably satisfactory to SunPower and DOE, and Total shall deliver to SunPower and DOE an agreement with such Process Agent evidencing its designation as such and the payment of any fees related thereto throughout the term hereof. Service of process on Total under this Agreement may be made by mailing or delivering a copy of any such process to Total in care of the Process Agent at the Process Agent’s above address, and Total hereby irrevocably authorizes and directs the Process Agent to receive such service on its behalf. As an alternative method of service, Total also irrevocably consents to the service of any and all process in any such action or proceeding by the certified mailing of copies of such process to Total at its then effective notice addresses pursuant to Section 11(a). Nothing in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement in the courts of any jurisdiction.

Appears in 1 contract

Samples: Liquidity Support Agreement (Sunpower Corp)

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Appointment of Process Agent and Service of Process. Total Each of the Borrowers and the Borrowers’ Agent hereby irrevocably appoints CT C T Corporation System, located System with an office on the date hereof at 000 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Xxxxxx Xxxxxx, as its agent (the “Process Agent”) to receive on behalf of itself and its property services of copies of the summons and complaint and any other process that may be served in any such action or proceeding in the State of New York. Total shall provide written notice to SunPower and DOE at least ten (10) days prior to If for any change in address of reason the Process Agent and, if for any reason CT Corporation System shall cease to act as a Process Agent such for Total or shall cease any Person, such Person hereby agrees to maintain an office in New York State, Total shall promptly designate a new agent in New York City to act on the terms and for the purposes of this Section 11(f), which Person shall be 11.02 reasonably satisfactory to SunPower and DOE, and Total shall deliver to SunPower and DOE an agreement with such Process Agent evidencing its designation as such and the payment of any fees related thereto throughout the term hereofRequired Lenders. Service of process on Total under this Agreement Such service may be made by mailing or delivering a copy of any such process to Total such Person in care of the Process Agent at the Process Agent’s above address, and Total each of the Borrowers and the Borrowers’ Agent hereby irrevocably authorizes and directs the Process Agent to receive accept such service on its behalf. As an alternative method of service, Total each of the Borrowers and the Borrowers’ Agent also irrevocably consents to the service of any and all process in any such action or proceeding by the certified air mailing of copies of such process to Total such Person at its then effective notice addresses pursuant to Section 11(a). Nothing in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement in the courts of any jurisdiction.11.12 (

Appears in 1 contract

Samples: Credit Agreement (ASAlliances Biofuels, LLC)

Appointment of Process Agent and Service of Process. Total Each of the Borrowers and the Borrowers’ Agent hereby irrevocably appoints CT Corporation System, located System with an office on the date hereof at 000 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, as its agent (the “Process Agent”) to receive on behalf of itself services of copies of the summons and complaint and any other process that may be served in any such action or proceeding in the State of New York. Total shall provide written notice to SunPower and DOE at least ten (10) days prior to If for any change in address of reason the Process Agent and, if for any reason CT Corporation System shall cease to act as a Process Agent such for Total or shall cease any Person, such Person hereby agrees to maintain an office in New York State, Total shall promptly designate a new agent in New York City to act on the terms and for the purposes of this Section 11(f), which Person shall be 10.08 reasonably satisfactory to SunPower each of the First Lien Administrative Agent and DOE, and Total shall deliver to SunPower and DOE an agreement with such Process Agent evidencing its designation as such and the payment of any fees related thereto throughout the term hereofSecond Lien Administrative Agent. Service of process on Total under this Agreement Such service may be made by mailing or delivering a copy of any such process to Total such Person in care of the Process Agent at the Process Agent’s above address, and Total each of the Borrowers and the Borrowers’ Agent hereby irrevocably authorizes and directs the Process Agent to receive accept such service on its behalf. As an alternative method of service, Total each of the Borrowers and the Borrowers’ Agent also irrevocably consents to the service of any and all process in any such action or proceeding by the certified air mailing of copies of such process to Total such Person at its then effective notice addresses pursuant to Section 11(a)10.01. Nothing in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or any other First Lien Transaction Document or Second Lien Transaction Document in the courts of any jurisdiction.

Appears in 1 contract

Samples: Intercreditor Agreement (Pacific Ethanol, Inc.)

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Appointment of Process Agent and Service of Process. Total Each of the Pledgor and the Company hereby irrevocably appoints CT C T Corporation System, located with an office on the date hereof at 000 100 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, as its agent (the “Process Agent”) to receive on behalf of itself and its property services of copies of the summons and complaint and any other process that may be served in any such action or proceeding in the State of New York. Total shall provide written notice to SunPower and DOE at least ten (10) days prior to If for any change in address of reason the Process Agent and, if for any reason CT Corporation System shall cease to act as a Process Agent such for Total either of the Pledgor or shall cease the Company, the Pledgor or the Company, as the case may be, hereby agrees to maintain an office in New York State, Total shall promptly designate a new agent in New York City to act on the terms and for the purposes of this Section 11(f), which Person shall be 8.02 reasonably satisfactory to SunPower and DOE, and Total shall deliver to SunPower and DOE an agreement with such Process Agent evidencing its designation as such and the payment of any fees related thereto throughout the term hereofCollateral Agent. Service of process on Total under this Agreement Such service may be made by mailing or delivering a copy of any such process to Total the Pledgor or the Company, as the case may be, in care of the Process Agent at the Process Agent’s above address, and Total each of the Pledgor and the Company hereby irrevocably authorizes and directs the Process Agent to receive accept such service on its behalf. As an alternative method of service, Total each of the Pledgor and the Company also irrevocably consents to the service of any and all process in any such action or proceeding by the certified air mailing of copies of such process to Total the Pledgor or the Company, as the case may be, at its then effective notice addresses pursuant to Section 11(a). Nothing in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement in the courts of any jurisdiction.8.09 (

Appears in 1 contract

Samples: Pledge and Security Agreement (First United Ethanol LLC)

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