Common use of Choice of Forum; Consent to Service of Process and Jurisdiction; Waiver of Trial by Jury Clause in Contracts

Choice of Forum; Consent to Service of Process and Jurisdiction; Waiver of Trial by Jury. Any suit, action or proceeding against Borrower, any Qualified Borrower or General Partner with respect to this Credit Agreement, the Notes or the other Loan Documents or any judgment entered by any court in respect thereof, may be brought in the courts of the State of New York, or in the United States Courts located in the Borough of Manhattan in New York City, pursuant to Section 5-1402 of the New York General Obligations Law, as Lenders in their sole discretion may elect and each of each Credit Party, General Partner and each Qualified Borrower hereby submits to the non-exclusive jurisdiction of such courts for the purpose of any such suit, action or proceeding. Each Credit Party, General Partner and each Qualified Borrower hereby agrees that service of all writs, process and summonses in any such suit, action or proceeding brought in the State of New York may be brought upon its process agent appointed below, and each Credit Party, General Partner and each Qualified Borrower hereby irrevocably appoints Corporation Service Company, 80 State Street, Albany, NY 12207-2543, its process agent, as its xxxx xxx xxxxxx xxxxxxxx-xx-xxxx xx xts name, place and stead to accept such service of any and all such writs, process and summonses. Borrower, General Partner and each Qualified Borrower hereby irrevocably consents to the service of process in any suit, action or proceeding in said court by the mailing thereof by Lender by registered or certified mail, postage prepaid, to Borrower's address set forth in SECTION 13.6 hereof. Guarantor hereby irrevocably consents to the service of process in any suit, action or proceeding in said court by the mailing thereof by Lender by registered or certified mail, postage prepaid, to Guarantor's address set forth in SECTION 13.6 hereof. Each Credit Party, General Partner and each Qualified Borrower hereby irrevocably waives any objections which it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Credit Agreement or the Notes brought in the courts located in the State of New York, Borough of Manhattan in New York City, and hereby further irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. EACH CREDIT PARTY, GENERAL PARTNER AND EACH QUALIFIED BORROWER HEREBY WAIVES TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING BROUGHT IN CONNECTION WITH THIS CREDIT AGREEMENT, THE NOTES OR ANY OF THE OTHER LOAN DOCUMENTS, WHICH WAIVER IS INFORMED AND VOLUNTARY.

Choice of Forum; Consent to Service of Process and Jurisdiction; Waiver of Trial by Jury. Any suit, action or proceeding against Borrower, any Qualified Borrower or General Partner the QB Guarantor with respect to this Credit Agreement, the Notes or the other Loan Documents Qualified Borrower Guaranty or any judgment entered by any court in respect thereof, may be brought in the courts of the State of New York, or in the United States Courts located in the Borough of Manhattan in New York City, pursuant to Section 5-1402 of the New York General Obligations Law, as Lenders the Secured Parties in their sole discretion may elect and each of each Credit Party, General Partner and each Qualified Borrower the QB Guarantor hereby submits to the non-exclusive jurisdiction of such courts for the purpose of any such suit, action or proceeding. Each Credit Party, General Partner and each Qualified Borrower hereby agrees that service of all writs, process and summonses in any such suit, action or proceeding brought in the State of New York may be brought upon its process agent appointed below, and each Credit Party, General Partner and each Qualified Borrower hereby irrevocably appoints Corporation Service Company, 80 State Street, Albany, NY 12207-2543, its process agent, as its xxxx xxx xxxxxx xxxxxxxx-xx-xxxx xx xts name, place and stead to accept such service of any and all such writs, process and summonses. Borrower, General Partner and each Qualified Borrower hereby irrevocably consents to the service of process in any suit, action or proceeding in said court by the mailing thereof by Lender by registered or certified mail, postage prepaid, to Borrower's address set forth in SECTION 13.6 hereof. The QB Guarantor hereby irrevocably consents to the service of process in any suit, action or proceeding in said court by the mailing thereof by Lender any Secured Party by registered or certified mail, postage prepaid, to the QB Guarantor's ’s address set forth in SECTION 13.6 hereofSection 12.6 of the Credit Agreement. Each Credit Party, General Partner and each Qualified Borrower The QB Guarantor hereby irrevocably waives any objections which it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Credit Agreement or the Notes Qualified Borrower Guaranty brought in the courts located in the State of New York, Borough of Manhattan in New York City, and hereby further irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. EACH CREDIT PARTY, GENERAL PARTNER AND EACH QUALIFIED BORROWER OF THE PARTIES HERETO HEREBY WAIVES TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING BROUGHT IN CONNECTION WITH THIS CREDIT AGREEMENT, THE NOTES OR ANY OF THE OTHER LOAN DOCUMENTSQUALIFIED BORROWER GUARANTY, WHICH WAIVER IS INFORMED AND VOLUNTARY.

Choice of Forum; Consent to Service of Process and Jurisdiction; Waiver of Trial by Jury. Any suit, action or proceeding against Borrower, any Qualified Borrower or General Partner with respect to this Credit Agreement, the Notes Agreement or the other Loan Documents or any judgment entered by any court in respect thereof, may be brought in the courts of the State of New York, or in the United States Courts located in the Borough of Manhattan in the New York City, pursuant to Section 5-1402 of the New York General Obligations Law, as Lenders in their sole discretion may elect and each of each Credit Party, General Partner and each Qualified Borrower hereby submits to the non-exclusive jurisdiction of such courts for the purpose of any such suit, action or proceeding. Each Credit Party, General Partner and each Qualified Borrower hereby agrees that service of all writs, process and summonses in any such suit, action or proceeding brought in the State of New York may be brought upon its process agent appointed below, and each Credit Party, General Partner and each Qualified Borrower hereby irrevocably appoints Corporation Service Company, 80 State Street00 Xxxxx Xxxxxx, AlbanyXxxxxx, NY 12207-2543Xxx Xxxx 00000, its process agent, as its xxxx xxx xxxxxx xxxxxxxxtrue and lawful attorney-xxin-xxxx xx xts fact in its name, place and stead to accept such service of any and all such writs, process and summonses. Borrower, General Partner and each Qualified Borrower hereby irrevocably consents to the service of process in any suit, action or proceeding in said court by the mailing thereof by Lender by registered or certified mail, postage prepaid, to Borrower's ’s address set forth in SECTION 13.6 Section 12.6 hereof. Guarantor hereby irrevocably consents to the service of process in any suit, action or proceeding in said court by the mailing thereof by Lender by registered or certified mail, postage prepaid, to Guarantor's address set forth in SECTION 13.6 hereof. Each Credit Party, General Partner and each Qualified Borrower hereby irrevocably waives any objections which it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Credit Agreement or the Notes brought in the courts located in the State of New York, Borough of Manhattan in New York City, and hereby further irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. EACH CREDIT PARTY, GENERAL PARTNER AND EACH QUALIFIED BORROWER HEREBY WAIVES TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING BROUGHT IN CONNECTION WITH THIS CREDIT AGREEMENT, THE NOTES AGREEMENT OR ANY OF THE OTHER LOAN DOCUMENTS, WHICH WAIVER IS INFORMED AND VOLUNTARY.