Consent to Jurisdiction and Service. Each of BP I, BP II, the Issuers and the Senior Note Guarantors irrevocably and unconditionally: (a) submit itself and its property in any legal action or proceeding relating to this Senior Notes Indenture to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the general jurisdiction of the courts of the State of New York, sitting in the Borough of Manhattan, The City of New York, the courts of the United States of America for the Southern District of New York, appellate courts from any thereof and courts of its own corporate domicile, with respect to actions brought against it as defendant; (b) consent that any such action or proceeding may be brought in such courts and waive any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (c) designate and appoint the US Issuer II, at 000 Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxxx, XX 00000 and Xxxxxxxx Group Holdings Inc., with offices at 000 Xxx-Xxxxx Xxxxxxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxxxxxxx, Xxxxxxxx 00000 (or its successors), as its authorized agents upon which process may be served in any action, suit or proceeding arising out of or relating to this Senior Notes Indenture or the transactions contemplated hereby that may be instituted in any Federal or state court in the State of New York (and each of them accepts such appointments); and (d) agree that service of any process, summons, notice or document by US registered mail addressed to the US Issuer II, with written notice of said service to such Person at the address of the US Issuer II set forth in this Senior Notes Indenture shall be effective service of process for any action, suit or proceeding brought in any such court.
Appears in 1 contract
Samples: Senior Notes Indenture (Beverage Packaging Holdings (Luxembourg) IV S.a r.l.)
Consent to Jurisdiction and Service. Each of BP I, BP II, the Issuers and the Senior Note Guarantors irrevocably and unconditionally: (a) submit itself and its property in any legal action or proceeding relating The Pledgor irrevocably submits to this Senior Notes Indenture to which it is a party, or for recognition and enforcement the jurisdiction of any judgment United States federal or state court located in respect thereof, to the general jurisdiction Borough of the courts of the State Manhattan in The City of New York, sitting New York over any suit, action or proceeding arising out of or relating to this Collateral Pledge and Security Agreement. The Pledgor irrevocably waives, to the fullest extent permitted by laws any objection which it may have to the laying of the venue of any such suit, action or proceeding brought in such a court and any claim that any suit, action or proceeding brought in such a court has been brought in an inconvenient forum. The Pledgor agrees that final judgment in any such suit, action or proceeding brought in such a court shall be conclusive and binding upon the Pledgor and may be enforced in the courts of Canada (or any other courts to the jurisdiction of which
(b) As long as this Collateral Pledge and Security Agreement remains in effect, the Pledgor will at all times have an authorized agent in the Borough of Manhattan, The City of New York, the courts of the United States of America for the Southern District of New York, appellate courts from any thereof and courts of its own corporate domicile, with respect to actions brought against it as defendant; (b) consent that any such action or proceeding may be brought in such courts and waive any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (c) designate and appoint the US Issuer II, at 000 Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxxx, XX 00000 and Xxxxxxxx Group Holdings Inc., with offices at 000 Xxx-Xxxxx Xxxxxxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxxxxxxx, Xxxxxxxx 00000 (or its successors), as its authorized agents York upon which whom process may be served in any action, suit legal action or proceeding arising out of or relating to this Senior Notes Indenture or the transactions contemplated hereby that may be instituted in any Federal or state court in the State Collateral Pledge and Security Agreement. Service of New York (and each of them accepts process upon such appointments); and (d) agree that service of any process, summons, notice or document by US registered mail addressed to the US Issuer II, with written notice of said service to such Person at the address of the US Issuer II set forth in this Senior Notes Indenture agent shall be deemed in every respect effective service of process for any action, suit or proceeding brought upon the Pledgor in any such courtlegal action or proceeding. The Pledgor hereby irrevocably appoints CT Corporation system, whose address is, as of the date hereof, 1633 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, xx its agent for such purpose and covenants and agrees that service of process in any such legal action or proceeding may be made upon it at the office of such agent at said address (or at such other address in the Borough of Manhattan, The City of New York, New York as the Pledgor may designate by written notice to the Trustee).
(c) The Pledgor hereby consents to process being served in any suit, action or proceeding of the nature referred to in Section 21(a) and Section 21(b) hereof by service upon such agent. The Pledgor irrevocably waives, to the fullest extent permitted by law, all claim of error by reason of any such service and agrees that such service (i) shall be deemed in every respect effective service of process upon the Pledgor in any such suit, action or proceeding and (ii) shall, to the fullest extent permitted by law, be taken and held to be valid personal service.
(d) Nothing in this Section shall affect the right of the Trustee or any Holder of Notes to serve process in any manner permitted by law or limit the right of the Trustee to bring proceedings against the Pledgor in the courts of any jurisdiction or jurisdictions.
Appears in 1 contract
Samples: Collateral Pledge and Security Agreement (Seven Seas Petroleum Inc)
Consent to Jurisdiction and Service. Each of BP I, BP II, the Issuers and the Senior Note Guarantors will irrevocably and unconditionally: (a) submit itself and its property in any legal action or proceeding relating to this Senior Notes Indenture to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the general jurisdiction of the courts of the State of New York, sitting in the Borough of Manhattan, The City of New York, the courts of the United States of America for the Southern District of New York, appellate courts from any thereof and courts of its own corporate domicile, with respect to actions brought against it as defendant; (b) consent that any such action or proceeding may be brought in such courts and waive any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (c) designate and appoint the US Issuer II, at 000 Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxxx, XX 00000 and Xxxxxxxx Group Holdings Inc., with offices at 000 Xxx-Xxxxx Xxxxxxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxxxxxxx, Xxxxxxxx 00000 (or its successors)00000, as its authorized agents agent upon which process may be served in any action, suit or proceeding arising out of or relating to this Senior Notes Indenture or the transactions contemplated hereby that may be instituted in any Federal or state court in the State of New York (and each of them accepts such appointments)York; and (d) agree that service of any process, summons, notice or document by US registered mail addressed to the US Issuer II, with written notice of said service to such Person at the address of the US Issuer II set forth in this Senior Notes Indenture shall be effective service of process for any action, suit or proceeding brought in any such court.
Appears in 1 contract
Consent to Jurisdiction and Service. Each of BP I, BP II, the Issuers and the Senior Note Guarantors irrevocably and unconditionally: (a) submit itself and its property in any legal action or proceeding relating to this Senior Notes Indenture to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the general jurisdiction of the courts of the State of New York, sitting in the Borough of Manhattan, The City of New York, the courts of the United States of America for the Southern District of New York, appellate courts from any thereof and courts of its own corporate domicile, with respect to actions brought against it as defendant; (b) consent that any such action or proceeding may be brought in such courts and waive any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (c) designate and appoint the US Issuer II, at 000 Xxxxxxxxx 160 Greenxxxx Xxxxx, Xxxxx 000, Xxxxx, XX 00000 and Xxxxxxxx Group Holdings xxx Xxxxolds Xxxxx Xxldings Inc., with offices at 000 Xxx200 Tri-Xxxxx Sxxxx Xxxxxxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxxxxxxx, Xxxxxxxx 00000 (or its xx xxx successors), as its authorized agents agent upon which process may be served in any action, suit or proceeding arising out of or relating to this Senior Notes Indenture or the transactions contemplated hereby that may be instituted in any Federal or state court in the State of New York (and each of them accepts such appointments); and (d) agree that service of any process, summons, notice or document by US registered mail addressed to the US Issuer II, with written notice of said service to such Person at the address of the US Issuer II set forth in this Senior Notes Indenture shall be effective service of process for any action, suit or proceeding brought in any such court.
Appears in 1 contract
Consent to Jurisdiction and Service. Each of BP I, BP II, the Issuers and the Senior Secured Note Guarantors irrevocably and unconditionally: (a) submit itself and its property in any legal action or proceeding relating to this Senior Secured Notes Indenture to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the general jurisdiction of the courts of the State of New York, sitting in the Borough of Manhattan, The City of New York, the courts of the United States of America for the Southern District of New York, appellate courts from any thereof and courts of its own corporate domicile, with respect to actions brought against it as defendant; (b) consent that any such action or proceeding may be brought in such courts and waive any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (c) designate and appoint the US Issuer II, at 000 Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxxx, XX 00000 and Xxxxxxxx Group Holdings Inc., with offices at 000 Xxx-Xxxxx Xxxxxxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxxxxxxx, Xxxxxxxx 00000 (or its successors), as its authorized agents upon which process may be served in any action, suit or proceeding arising out of or relating to this Senior Secured Notes Indenture or the transactions contemplated hereby that may be instituted in any Federal or state court in the State of New York (and each of them accepts such appointments); and (d) agree that service of any process, summons, notice or document by US registered mail addressed to the US Issuer II, with written notice of said service to such Person at the address of the US Issuer II set forth in this Senior Secured Notes Indenture shall be effective service of process for any action, suit or proceeding brought in any such court.
Appears in 1 contract
Samples: Senior Secured Notes Indenture (Beverage Packaging Holdings (Luxembourg) v S.A.)
Consent to Jurisdiction and Service. Each of BP I, BP II, the Issuers and the Senior Secured Note Guarantors irrevocably and unconditionally: (a) submit itself and its property in any legal action or proceeding relating to this Senior Secured Notes Indenture to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the general jurisdiction of the courts of the State of New York, sitting in the Borough of Manhattan, The City of New York, the courts of the United States of America for the Southern District of New York, appellate courts from any thereof and courts of its own corporate domicile, with respect to actions brought against it as defendant; (b) consent that any such action or proceeding may be brought in such courts and waive any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (c) designate and appoint the US Issuer II, at 000 Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxxx, XX 00000 and Xxxxxxxx Group Holdings Inc., with offices at 000 Xxx-0000 Xxxx Xxxxx Xxxxxxxxxxxxx Xxxxx, Xxxxx 000Xxxx Xxxxxx, Xxxxxxxxxxxx, Xxxxxxxx XX 00000 (or its successors), as its authorized agents upon which process may be served in any action, suit or proceeding arising out of or relating to this Senior Secured Notes Indenture or the transactions contemplated hereby that may be instituted in any Federal or state court in the State of New York (and each of them accepts such appointments); and (d) agree that service of any process, summons, notice or document by US registered mail addressed to the US Issuer II, with written notice of said service to such Person at the address of the US Issuer II set forth in this Senior Secured Notes Indenture shall be effective service of process for any action, suit or proceeding brought in any such court.
Appears in 1 contract
Samples: Senior Secured Notes Indenture (Reynolds Group Holdings LTD)
Consent to Jurisdiction and Service. Each of BP I, BP II, the Issuers and the Senior Note Guarantors irrevocably and unconditionally: (a) submit itself and its property in any legal action or proceeding relating The parties to this Senior Notes Indenture each hereby irrevocably submit to which it is a party, or for recognition and enforcement the non-exclusive jurisdiction of any judgment in respect thereof, to the general jurisdiction of the courts of the New York State of New York, or federal court sitting in the Borough of Manhattan, Manhattan in The City of New YorkYork in any action or proceed- ing arising out of or relating to the Notes, the courts Note Guarantees, this Indenture or the Security Documents, and all such parties hereby irrevocably agree that all claims in respect of the United States of America for the Southern District of New York, appellate courts from any thereof and courts of its own corporate domicile, with respect to actions brought against it as defendant; (b) consent that any such action or proceeding may be brought heard and de- termined in such courts New York State or federal court and waive any objection that it may now or hereafter have hereby irrevocably waive, to the venue fullest extent that they may legally do so, the defense of any an inconvenient forum to the maintenance of such action or proceeding proceeding. By the execution and delivery of this Indenture, the Issuer and each Guarantor that is not organized in any such court or that such action or proceeding was brought in an inconvenient court the United States hereby irrevocably designates and agrees not to plead or claim the same; (appoints Xxxxxx Mining US Ltd., c) designate and appoint the US Issuer II/o The Corporation Trust Com- pany, at 000 Xxxxxxxxx XxxxxCorporate Trust Center, Xxxxx 0000000 Xxxxxx Xxxxxx, Xxxxx, XX 00000 and Xxxxxxxx Group Holdings Inc., with offices at 000 Xxx-Xxxxx Xxxxxxxxxxxxx Xxxxx, Xxxxx 000, XxxxxxxxxxxxXxxxxxxxxx, Xxxxxxxx 00000 (or its successorsany successor) (together with any successor, the “Agent for Service”), as its their authorized agents agent upon which process may be served in any actionsuit, suit action or proceeding arising out of or relating to this Senior Indenture, the Security Documents, the Notes Indenture or the transactions contemplated hereby Note Guarantees that may be instituted in any Federal federal or state court located in the State Borough of Manhattan in the City of New York (and each of them accepts acknowledge that the Agent for Service has accepted such appointments); designation and (dii) agree that service of process upon the Agent for Service (or any process, summons, notice or document by US registered mail addressed to the US Issuer II, with written notice of said service to such Person at the address of the US Issuer II set forth in this Senior Notes Indenture successor) shall be deemed in every respect effective service of process for any action, suit upon the Issuer or proceeding brought such Guarantor in any such courtsuit, action or proceeding. The Issuer and such Guarantors further agree to take any and all action, including the execution and filing of any and all such documents and instruments, as may be necessary to continue such designation and appointment of the Agent for Service in full force and effect until the discharge of this Indenture upon redemption, maturity or otherwise.
Appears in 1 contract
Samples: Indenture
Consent to Jurisdiction and Service. Each of BP I, BP II, the Issuers and the Senior Note Guarantors irrevocably and unconditionally: (a) submit itself and its property in any legal action or proceeding relating to this Senior Notes Indenture to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the general jurisdiction of the courts of the State of New York, sitting in the Borough of Manhattan, The City of New York, the courts of the United States of America for the Southern District of New York, appellate courts from any thereof and courts of its own corporate domicile, with respect to actions brought against it as defendant; (b) consent that any such action or proceeding may be brought in such courts and waive any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (c) designate and appoint the US Xxxxxxxx Group Issuer IIInc., at 000 Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxxx, XX 00000 and Xxxxxxxx Group Holdings Inc., with offices at 000 Xxx-Xxxxx Xxxxxxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxxxxxxx, Xxxxxxxx 00000 (or its successors), as its authorized agents upon which process may be served in any action, suit or proceeding arising out of or relating to this Senior Notes Indenture or the transactions contemplated hereby that may be instituted in any Federal or state court in the State of New York (and each of them accepts will accept such appointments); and (d) agree that service of any process, summons, notice or document by US registered mail addressed to the US Xxxxxxxx Group Issuer IIInc., with written notice of said service to such Person at the address of the US Xxxxxxxx Group Issuer II Inc. set forth in this Senior Notes Indenture shall be effective service of process for any action, suit or proceeding brought in any such court.
Appears in 1 contract
Consent to Jurisdiction and Service. Each of BP I, BP II, the Issuers and the Senior Note Guarantors irrevocably and unconditionally: (a) submit itself and its property in any legal action or proceeding relating to this Senior Notes Indenture to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the general jurisdiction of the courts of the State of New York, sitting in the Borough of Manhattan, The City of New York, the courts of the United States of America for the Southern District of New York, appellate courts from any thereof and courts of its own corporate domicile, with respect to actions brought against it as defendant; (b) consent that any such action or proceeding may be brought in such courts and waive any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (c) designate and appoint the US Issuer II, at 000 Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxxx, XX 00000 and Xxxxxxxx Group Holdings Inc., with offices at 000 Xxx-0000 Xxxx Xxxxx Xxxxxxxxxxxxx Xxxxx, Xxxxx 000Xxxx Xxxxxx, Xxxxxxxxxxxx, Xxxxxxxx XX 00000 (or its successors), as its authorized agents upon which process may be served in any action, suit or proceeding arising out of or relating to this Senior Notes Indenture or the transactions contemplated hereby that may be instituted in any Federal or state court in the State of New York (and each of them accepts such appointments); and (d) agree that service of any process, summons, notice or document by US registered mail addressed to the US Issuer II, with written notice of said service to such Person at the address of the US Issuer II set forth in this Senior Notes Indenture shall be effective service of process for any action, suit or proceeding brought in any such court.
Appears in 1 contract
Samples: Senior Notes Indenture (Reynolds Group Holdings LTD)
Consent to Jurisdiction and Service. Each of BP I, BP II, the Issuers and the Senior Note Guarantors irrevocably and unconditionally: (a) submit itself and its property in In relation to any legal action or proceeding relating to proceedings arising out of or in connection with this Senior Notes Indenture to which it Indenture, the Securities and the Guarantees, the Trustee (in the case of clauses (a) and (b) below only), the Issuer and each Guarantor that is organized under laws other than the United States or a party, or for recognition and enforcement of any judgment in respect thereof, state thereof (a) 111 irrevocably submit to the general jurisdiction of the federal and state courts in the Borough of Manhattan in the City, County and State of New York, sitting in the Borough of ManhattanUnited States, The City of New York, the courts of the United States of America for the Southern District of New York, appellate courts from any thereof and courts of its own corporate domicile, with respect to actions brought against it as defendant; (b) consent that any such action or proceeding may be brought in such courts and waive any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees agree not to plead or claim the same; , (c) designate and appoint the US Issuer IIConstellium U.S. Holdings I, at LLC, 000 Xxxxxxxxx Xxxx Xxxxxxx Xxxxxx, 00xx Xxxxx, Xxxxx 000, XxxxxXxxxxxxxx, XX 00000 and Xxxxxxxx Group Holdings Inc., with offices at 000 Xxx-Xxxxx Xxxxxxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxxxxxxx, Xxxxxxxx 00000 (or its successors), as its authorized agents agent upon which process may be served in any action, suit such action or proceeding arising out of or relating to this Senior Notes Indenture or the transactions contemplated hereby that may be instituted in any Federal or state such court in the State of New York (and each of them accepts such appointments); and (d) agree that service of any process, summons, notice or document by US U.S. registered mail addressed to the US Issuer IIsuch agent for service of process, with written notice of said service to such Person at the address of the US Issuer II agent for service of process set forth in clause (c) of this Senior Notes Indenture Section 11.11 shall be effective service of process for any action, suit such action or proceeding brought in any such court. Each of the Issuer, the Guarantors, the Trustee, paying agent, Registrar, and Transfer Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Indenture, the Securities or the transactions contemplated hereby.
Appears in 1 contract
Samples: Indenture (Constellium Se)