Common use of Choice of Forum and Service of Process Clause in Contracts

Choice of Forum and Service of Process. To the maximum extent permitted by Law, Borrower agrees that all actions or proceedings arising in connection with the Credit Documents shall be tried and determined only in the state and federal courts located in New York, New York, or, at the sole option of Agent, in any other court in which Agent shall initiate legal or equitable proceedings and which has subject matter jurisdiction over the matter in controversy. Borrower waives any right it may have to assert the doctrine of forum non conveniens or to object to venue to the extent any proceeding is brought in accordance with this Section. Borrower hereby irrevocably and unconditionally designates and appoints (a) CT Corporation System and (b) such other Person as may be selected by Borrower and shall irrevocably agree in writing to so serve, as its agent to receive on its behalf service of all process in any proceedings in any such court, such service being hereby acknowledged by Borrower to be effective and binding service in every respect. A copy of any such process so served shall be mailed by registered mail to Borrower; provided, however, that unless otherwise provided by mandatory provisions of applicable law, no failure to mail such copy shall affect the validity of service of process. If any agent appointed by Borrower refuses to accept service, Borrower hereby agrees that service upon it by mail shall constitute sufficient notice. Nothing herein shall affect the right to serve process in any other manner permitted by law.

Appears in 2 contracts

Samples: Credit Agreement (Midamerican Energy Holdings Co /New/), Credit Agreement (Midamerican Energy Holdings Co /New/)

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Choice of Forum and Service of Process. To the maximum extent permitted by Law, Borrower agrees that all actions or proceedings arising in connection with the Credit Documents shall be tried and determined only in the state and federal courts located in New York, New York, or, at the sole option of Agent, in any other court in which Agent shall initiate legal or equitable proceedings and which has subject matter jurisdiction over the matter in controversy. Borrower waives any right it may have to assert the doctrine of forum non conveniens or to object to venue to the extent any proceeding is brought in accordance with this Section. Borrower hereby irrevocably and unconditionally designates and appoints (a) CT Corporation System System, with an office on the date hereof at 100 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, and (b) such other Person as may be selected by Borrower and that shall irrevocably agree in writing to so serve, as its agent to receive on its behalf service of all process in any proceedings in any such court, such service being hereby acknowledged by Borrower to be effective and binding service in every respect. A copy of any such process so served shall be mailed by registered mail to Borrower; provided, however, that unless otherwise provided by mandatory provisions of applicable law, no failure to mail such copy shall affect the validity of service of process. If any agent appointed by Borrower refuses to accept service, Borrower hereby agrees that service upon it by mail shall constitute sufficient notice. Nothing herein shall affect the right to serve process in any other manner permitted by lawLaw.

Appears in 1 contract

Samples: Credit Agreement (Midamerican Energy Holdings Co /New/)

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Choice of Forum and Service of Process. To the maximum extent permitted by Law, Borrower agrees that all actions or proceedings arising in connection with the Credit Documents shall be tried and determined only in the state and federal courts located in New York, New York, or, at the sole option of Agent, in any other court in which Agent shall initiate legal or equitable proceedings and which has subject matter jurisdiction over the matter in controversy. Borrower waives any right it may have to assert the doctrine of forum non conveniens or to object to venue to the extent any proceeding is brought in accordance with this Section. Borrower hereby irrevocably and unconditionally designates and appoints (a) CT Corporation System System, with an office on the date hereof at 000 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, and (b) such other Person as may be selected by Borrower and that shall irrevocably agree in writing to so serve, as its agent to receive on its behalf service of all process in any proceedings in any such court, such service being hereby acknowledged by Borrower to be effective and binding service in every respect. A copy of any such process so served shall be mailed by registered mail to Borrower; provided, however, that unless otherwise provided by mandatory provisions of applicable law, no failure to mail such copy shall affect the validity of service of process. If any agent appointed by Borrower refuses to accept service, Borrower hereby agrees that service upon it by mail shall constitute sufficient notice. Nothing herein shall affect the right to serve process in any other manner permitted by lawLaw.

Appears in 1 contract

Samples: Credit Agreement (Midamerican Energy Holdings Co /New/)

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