Consent to Forum. Each Obligor hereby consents to the non-exclusive jurisdiction of any United States federal court sitting in or with direct or indirect jurisdiction over the Northern District of Georgia or any Georgia state or superior court sitting in Xxxx County, Georgia, in any action, suit or other proceeding arising out of or relating to this Agreement or any of the other Loan Documents and each Obligor irrevocably agrees that all claims and demands in respect of any such action, suit or proceeding may be heard and determined in any such court and irrevocably waives any objection it may now or hereafter have as to the venue of any such action, suit or proceeding brought in any such court or that such court is an inconvenient forum. Nothing herein shall limit the right of Agent or any Lender to bring proceedings against any Obligor in the courts of any other jurisdiction. Any judicial proceeding commenced by any Obligor against Agent, BofA, any Lender or any holder of any of the Obligations, or any Affiliate of Agent, BofA, any Lender or any holder of any Obligations, involving, directly or indirectly, any matter in any way arising out of, related to or connected with any Loan Document shall be brought only in a United States federal court sitting in or with direct jurisdiction over the Northern District of Georgia or any Georgia state or superior court sitting in Xxxx County, Georgia. Nothing in this Agreement shall be deemed or operate to affect the right of Agent to serve legal process in any other manner permitted by law or to preclude the enforcement by Agent of any judgment or order obtained in such forum or the taking of any action under this Agreement to enforce same in any other appropriate forum or jurisdiction.
Appears in 2 contracts
Samples: Loan and Security Agreement (Mastec Inc), Loan and Security Agreement (Mastec Inc)
Consent to Forum. Each Obligor Borrower hereby consents to the non-exclusive jurisdiction of any United States federal court sitting in or with direct or indirect jurisdiction over the Northern Southern District of Georgia New York or any Georgia New York state or superior court sitting in Xxxx New York County, GeorgiaNew York, in any action, suit or other proceeding arising out of or relating to this Agreement or any of the other Loan Documents and each Obligor Borrower irrevocably agrees that all claims and demands in respect of any such action, suit or proceeding may be heard and determined in any such court and irrevocably waives any objection it may now or hereafter have as to the venue of any such action, suit or proceeding brought in any such court or that such court is an inconvenient forum. Nothing herein shall limit the right of Administrative Agent or any Lender to bring proceedings against any Obligor Borrower in the courts of any other jurisdiction. Any judicial proceeding commenced by any Obligor Borrower against Administrative Agent, BofA, any Lender or any holder of any of the Obligations, or any Affiliate of Administrative Agent, BofA, any Lender or any holder of any Obligations, involving, directly or indirectly, any matter in any way arising out of, related to or connected with any Loan Document shall be brought only in a United States federal court sitting in or with direct jurisdiction over the Northern Southern District of Georgia New York or any Georgia New York state or superior court sitting in Xxxx New York County, GeorgiaNew York. Nothing in this Agreement shall be deemed or operate to affect the right of Agent to serve legal process in any other manner permitted by law or to preclude the enforcement by Administrative Agent of any judgment or order obtained in such forum or the taking of any action under this Agreement to enforce same in any other appropriate forum or jurisdiction.
Appears in 2 contracts
Samples: Loan and Security Agreement (Insight Health Services Holdings Corp), Loan and Security Agreement (IMI of Arlington, Inc.)
Consent to Forum. Each Obligor Borrower hereby consents to the non-exclusive jurisdiction of any United States federal court sitting in or with direct or indirect jurisdiction over the Northern District of Georgia or the Northern District of Alabama or any Georgia state or superior court sitting in Xxxx County, GeorgiaGeorgia or Jefferson County, Alabama, in any action, suit or other proceeding arising out of or relating to this Agreement or any of the other Loan Documents and each Obligor Borrower irrevocably agrees that all claims and demands in respect of any such action, suit or proceeding may be heard and determined in any such court and irrevocably waives any objection it may now or hereafter have as to the venue of any such action, suit or proceeding brought in any such court or that such court is an inconvenient forum. Nothing herein shall limit the right of Agent or any Lender to bring proceedings against any Obligor Borrower in the courts of any other jurisdiction. Any judicial proceeding commenced by any Obligor Borrower against Agent, BofA, any Lender or any holder of any of the Obligations, or any Affiliate of Agent, BofA, any Lender or any holder of any Obligations, involving, directly or indirectly, any matter in any way arising out of, related to or connected with any Loan Document shall be brought only in a United States federal court sitting in or with direct jurisdiction over the Northern District of Georgia or the Northern District of Alabama or any Georgia state or superior court sitting in Xxxx County, GeorgiaGeorgia or Jefferson County, Alabama. Nothing in this Agreement shall be deemed or operate to affect the right of Agent Lender to serve legal process in any other manner permitted by law or to preclude the enforcement by Agent Lender of any judgment or order obtained in such forum or the taking of any action under this Agreement to enforce same in any other appropriate forum or jurisdiction.
Appears in 2 contracts
Samples: Loan and Security Agreement (Advanced Environmental Recycling Technologies Inc), Loan and Security Agreement (Broadwind Energy, Inc.)
Consent to Forum. Each Obligor hereby consents to the non-exclusive jurisdiction of any United States federal court sitting in or with direct or indirect jurisdiction over the Northern Western District of Georgia North Carolina or in any Georgia North Carolina state or superior court sitting in Xxxx Mecklenburg County, GeorgiaNorth Carolina, in any action, suit or other proceeding arising out of or relating to this Agreement or any of the other Loan Documents and each Obligor irrevocably agrees that all claims and demands in respect of any such action, suit or proceeding may be heard and determined in any such court and irrevocably waives any objection it may now or hereafter have as to the venue of any such action, suit or proceeding brought in any such court or that such court is an inconvenient forum. Nothing herein shall limit the right of Agent or any Lender to bring proceedings against any Obligor or with respect to any Collateral in the courts of any other jurisdiction. Any judicial proceeding commenced by any Obligor against Agent, BofA, any Lender or any holder of any of the Obligations, or any Affiliate of Agent, BofA, any Lender or any holder of any Obligations, involving, directly or indirectly, any matter in any way arising out of, related to or connected with any Loan Document shall be brought only in a United States federal court sitting in or with direct jurisdiction over the Northern Western District of Georgia North Carolina or in any Georgia North Carolina state or superior court sitting in Xxxx Mecklenburg County, GeorgiaNorth Carolina. Nothing in this Agreement shall be deemed or operate to affect the right of Agent to serve legal process in any other manner permitted by law or to preclude the enforcement by Agent of any judgment or order obtained in such forum or the taking of any action under this Agreement to enforce same in any other appropriate forum or jurisdiction.
Appears in 2 contracts
Samples: Loan and Security Agreement (Enpro Industries, Inc), Loan and Security Agreement (Enpro Industries, Inc)
Consent to Forum. Each Obligor party hereto hereby consents to the non-exclusive jurisdiction of any United States federal court sitting in or with direct or indirect jurisdiction over the Northern District of Georgia Georgia, the Northern District of Alabama, or the Southern District of New York or any Georgia state or superior court sitting in Xxxx County, Georgia, Jefferson County, Alabama, or the City of New York, Borough of Manhattan in any action, suit or other proceeding arising out of or relating to this Agreement or any of the other Loan Documents and each Obligor Borrower irrevocably agrees that all claims and demands in respect of any such action, suit or proceeding may be heard and determined in any such court and irrevocably waives any objection it may now or hereafter have as to the venue of any such action, suit or proceeding brought in any such court or that such court is an inconvenient forum. Each of the parties hereto agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Nothing herein shall limit the right of Agent or any member of the Lender Group to bring proceedings against any Obligor Borrower in the courts of any other jurisdiction. Any judicial proceeding commenced by Borrower against any Obligor against Agent, BofA, any member of the Lender Group or any holder of any of the Obligations, or any Affiliate of Agent, BofA, any member of the Lender Group or any holder of any Obligations, involving, directly or indirectly, any matter in any way arising out of, related to or connected with any Loan Document shall be brought only in a United States federal court sitting in or with direct jurisdiction over the Northern District of Georgia Georgia, the Northern District of Alabama or the Southern District of New York or any Georgia state or superior court sitting in Xxxx County, Georgia, Jefferson County, Alabama or the City of New York, Borough of Manhattan. Nothing in this Agreement shall be deemed or operate to affect the right of Agent any member of the Lender Group to serve legal process in any other manner permitted by law or to preclude the enforcement by Agent any member of the Lender Group of any judgment or order obtained in such forum or the taking of any action under this Agreement to enforce same in any other appropriate forum or jurisdiction.
Appears in 1 contract
Samples: Loan and Security Agreement (Pacific Ethanol, Inc.)
Consent to Forum. Each Obligor Borrower hereby consents to the non-exclusive jurisdiction of any United States federal court sitting in or with direct or indirect jurisdiction over the Northern District of Georgia or in any Georgia state or superior court sitting in Xxxx Fxxxxx County, Georgia, in any action, suit or other proceeding arising out of or relating to this Agreement or any of the other Loan Documents and each Obligor Borrower irrevocably agrees that all claims and demands in respect of any such action, suit or proceeding may be heard and determined in any such court and irrevocably waives any objection it may now or hereafter have as to the venue of any such action, suit or proceeding brought in any such court or that such court is an inconvenient forum. Nothing herein shall limit the right of Agent or any Lender to bring proceedings against Borrower or with respect to any Obligor Collateral in the courts of any other jurisdiction. Any judicial proceeding commenced by any Obligor Borrower against Agent, BofA, any Lender or any holder of any of the Obligations, or any Affiliate of Agent, BofA, any Lender or any holder of any Obligations, involving, directly or indirectly, any matter in any way arising out of, related to or connected with any Loan Document shall be brought only in a United States federal court sitting in or with direct jurisdiction over the Northern District of Georgia or in any Georgia state or superior court sitting in Xxxx Fxxxxx County, Georgia. Nothing in this Agreement shall be deemed or operate to affect the right of Agent to serve legal process in any other manner permitted by law or to preclude the enforcement by Agent Lender of any judgment or order obtained in such forum or the taking of any action under this Agreement to enforce same in any other appropriate forum or jurisdiction.
Appears in 1 contract
Samples: Loan and Security Agreement (Janel World Trade LTD)
Consent to Forum. Each Obligor Borrower hereby consents to the non-exclusive jurisdiction of any United States federal court sitting in or with direct or indirect jurisdiction over the Northern District of Georgia or any Georgia state or superior court sitting in Xxxx County, Georgia, in any action, suit or other proceeding arising out of or relating to this Agreement or any of the other Loan Documents and each Obligor Borrower irrevocably agrees that all claims and demands in respect of any such action, suit or proceeding may be heard and determined in any such court and irrevocably waives any objection it may now or hereafter have as to the venue of any such action, suit or proceeding brought in any such court or that such court is an inconvenient forum. Nothing herein shall limit the right of Agent or any Lender to bring proceedings against any Obligor Borrower in the courts of any other jurisdiction. Any judicial proceeding commenced by any Obligor Borrower against Agent, BofA, any Lender or any holder of any of the Obligations, or any Affiliate of Agent, BofA, any Lender or any holder of any Obligations, involving, directly or indirectly, any matter in any way arising out of, related to or connected with any Loan Document shall be brought only in a United States federal court sitting in or with direct jurisdiction over the Northern District of Georgia or any Georgia state or superior court sitting in Xxxx County, Georgia. Nothing in this Agreement shall be deemed or operate to affect the right of Agent Lender to serve legal process in any other manner permitted by law or to preclude the enforcement by Agent Lender of any judgment or order obtained in such forum or the taking of any action under this Agreement to enforce same in any other appropriate forum or jurisdiction.
Appears in 1 contract
Samples: Loan and Security Agreement (Biosante Pharmaceuticals Inc)
Consent to Forum. Each Obligor Borrowers hereby consents consent to the non-exclusive jurisdiction of the Court or at Lender’s sole discretion any United States federal court sitting in or with direct or indirect jurisdiction over the Northern District of Georgia or in any Georgia state or superior court sitting in Xxxx Xxxxxx County, Georgia, in any action, suit or other proceeding arising out of or relating to this Agreement or any of the other Loan Documents and each Obligor Borrowers irrevocably agrees agree that all claims and demands in respect of any such action, suit or proceeding may be heard and determined in any such court and irrevocably waives any objection it may now or hereafter have as to the venue of any such action, suit or proceeding brought in any such court or that such court is an inconvenient forum. Nothing herein shall limit the right of Agent or any Lender to bring proceedings against Borrowers or with respect to any Obligor Collateral in the courts of any other jurisdiction. Any judicial proceeding commenced by any Obligor Borrowers against Agent, BofA, any Lender or any holder of any of the Obligations, or any Affiliate of Agent, BofA, any Lender or any holder of any Obligations, involving, directly or indirectly, any matter in any way arising out of, related to or connected with any Loan Document shall be brought only in the Court or a United States federal court sitting in or with direct jurisdiction over the Northern District of Georgia or in any Georgia state or superior court sitting in Xxxx Xxxxxx County, Georgia. Nothing in this Agreement shall be deemed or operate to affect the right of Agent to serve legal process in any other manner permitted by law or to preclude the enforcement by Agent Lender of any judgment or order obtained in such forum or the taking of any action under this Agreement to enforce same in any other appropriate forum or jurisdiction.
Appears in 1 contract
Consent to Forum. Each Obligor Borrower hereby consents to the non-exclusive jurisdiction of any United States federal court sitting in or with direct or indirect jurisdiction over the Northern Southern District of Georgia New York or any Georgia New York state or superior court sitting in Xxxx New York County, GeorgiaNew York, in any action, suit or other proceeding arising out of or relating to this Agreement or any of the other Loan DIP Financing Documents and each Obligor Borrower irrevocably agrees that all claims and demands in respect of any such action, suit or proceeding may be heard and determined in any such court and irrevocably waives any objection it may now or hereafter have as to the venue of any such action, suit or proceeding brought in any such court or that such court is an inconvenient forum. Nothing herein shall limit the right of Agent or any Lender to bring proceedings against any Obligor Borrower in the courts of any other jurisdiction. Any judicial proceeding commenced by any Obligor Borrower against Agent, BofA, any Lender or any holder of any of the Obligations, or any Affiliate of Agent, BofA, any Lender or any holder of any Obligations, involving, directly or indirectly, any matter in any way arising out of, related to or connected with any Loan DIP Financing Document shall be brought only in the Court or a United States federal court sitting in or with direct jurisdiction over the Northern District of Georgia Delaware, the Southern District of New York or any Georgia New York state or superior court sitting in Xxx Xxxx CountyXxxxxx, GeorgiaXxx Xxxx. Nothing in this Agreement shall be deemed or operate to affect the right of Agent to serve legal process in any other manner permitted by law or to preclude the enforcement by Agent Lender of any judgment or order obtained in such forum or the taking of any action under this Agreement to enforce same in any other appropriate forum or jurisdiction.
Appears in 1 contract
Samples: Post Petition Loan and Security Agreement (Insight Health Services Holdings Corp)
Consent to Forum. Each Obligor Borrower hereby consents to the non-exclusive jurisdiction of any United States federal court sitting in or with direct or indirect jurisdiction over the Northern District of Georgia or in any Georgia state or superior court sitting in Xxxx Xxxxxx County, Georgia, in any action, suit or other proceeding arising out of or relating to this Agreement or any of the other Loan Documents and each Obligor Borrower irrevocably agrees that all claims and demands in respect of any such action, suit or proceeding may be heard and determined in any such court and irrevocably waives any objection it may now or hereafter have as to the venue of any such action, suit or proceeding brought in any such court or that such court is an inconvenient forum. Nothing herein shall limit the right of Agent or any Lender to bring proceedings against Borrower or with respect to any Obligor Collateral in the courts of any other jurisdiction. Any judicial proceeding commenced by any Obligor Borrower against Agent, BofA, any Lender or any holder of any of the Obligations, or any Affiliate of Agent, BofA, any Lender or any holder of any Obligations, involving, directly or indirectly, any matter in any way arising out of, related to or connected with any Loan Document shall be brought only in a United States federal court sitting in or with direct jurisdiction over the Northern District of Georgia or in any Georgia state or superior court sitting in Xxxx Xxxxxx County, Georgia. Nothing in this Agreement shall be deemed or operate to affect the right of Agent to serve legal process in any other manner permitted by law or to preclude the enforcement by Agent Lender of any judgment or order obtained in such forum or the taking of any action under this Agreement to enforce same in any other appropriate forum or jurisdiction.
Appears in 1 contract
Samples: Loan and Security Agreement (General Automotive Co)
Consent to Forum. Each Obligor Borrower hereby consents to the non-exclusive jurisdiction of any United States federal court sitting in or with direct or indirect jurisdiction over the Northern District of Georgia or the Northern District of Alabama or any Georgia state or superior court sitting in Xxxx Cxxx County, GeorgiaGeorgia or Jefferson County, Alabama, in any action, suit or other proceeding arising out of or relating to this Agreement or any of the other Loan Documents Documents, and each Obligor Borrower irrevocably agrees that all claims and demands in respect of any such action, suit or proceeding may be heard and determined in any such court and irrevocably waives any objection it may now or hereafter have as to the venue of any such action, suit or proceeding brought in any such court or that such court is an inconvenient forum. Nothing herein shall limit the right of Agent or any Lender to bring proceedings against any Obligor Borrower in the courts of any other jurisdiction. Any judicial proceeding commenced by any Obligor Borrower against Agent, BofA, any Lender or any holder of any of the Obligations, or any Affiliate of Agent, BofA, any Lender or any holder of any Obligations, involving, directly or indirectly, any matter in any way arising out of, related to or connected with any Loan Document shall be brought only in a United States federal court sitting in or with direct jurisdiction over the Northern District of Georgia or the Northern District of Alabama or any Georgia state or superior court sitting in Xxxx Cxxx County, GeorgiaGeorgia or Jefferson County, Alabama. Nothing in this Agreement shall be deemed or operate to affect the right of Agent Lender to serve legal process in any other manner permitted by law or to preclude the enforcement by Agent Lender of any judgment or order obtained in such forum or the taking of any action under this Agreement to enforce same in any other appropriate forum or jurisdiction.
Appears in 1 contract
Samples: Loan and Security Agreement (Lakeland Industries Inc)
Consent to Forum. Each Obligor Borrower hereby consents to the non-exclusive jurisdiction of any United States federal court sitting in or with direct or indirect jurisdiction over the Northern District of Georgia or in any Georgia state or superior court sitting in Xxxx Xxxxxx County, Georgia, in any action, suit or other proceeding arising out of or relating to this Agreement or any of the other Loan Documents and each Obligor Borrower irrevocably agrees that all claims and demands in respect of any such action, suit or proceeding may be heard and determined in any such court and irrevocably waives any objection it may now or hereafter have as to the venue of any such action, suit or proceeding brought in any such court or that such court is an inconvenient forum. Nothing herein shall limit the right of Agent or any Lender to bring proceedings against Borrower or with respect to any Obligor Collateral in the courts of any other jurisdiction. Any judicial proceeding commenced by any Obligor Borrower against Agent, BofA, any Lender or any holder of any of the Obligations, or any Affiliate of Agent, BofA, any Lender or any holder of any Obligations, involving, directly or indirectly, any matter in any way arising out of, related to or connected with any Loan Document shall be brought only in a United States federal court sitting in or with direct jurisdiction over the Northern District of Georgia or in any Georgia state or superior court sitting in Xxxx Xxxxxx County, Georgia. Nothing in this Agreement shall be deemed or operate to affect the right of Agent to serve legal process in any other manner permitted by law or to preclude the enforcement by Agent Lender of any judgment or order obtained in such forum or the taking of any action under this Agreement to enforce same in any other appropriate forum or jurisdiction. [*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT, EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH ASTERISKS [***], HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.]
Appears in 1 contract