Consent to Jurisdiction and Venue, Etc. The Transferor, the Seller, the Collateral Agent and the Reserve Account Agent each irrevocably (a) agrees that any suit, action or other legal proceeding arising out of or relating to this Agreement, the Security Agreement or any of the other Transaction Documents may be brought in a court of record in the State of New York or in the Courts of the United States of America located in such state, (b) consents to the jurisdiction of each such court in any such suit, action or proceeding and (c) waives any objection which they may have to the laying of venue of any such suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. The Transferor, the Seller and the Collateral Agent each hereby irrevocably appoints CT Corporation System, Suite 1301, 116 John Street, New York, New York 10038, as its agent to receive ox xxxxxx xx the Transferor, the Seller and the Collateral Agent, as the case may be, and their respective properties service of copies of the summons and complaint and other process which may be served in any such suit, action or proceeding (the "Process Agent"). Such service may be made by mailing or delivering a copy of such process to the Transferor, the Seller or the Collateral Agent, as the case may be, in care of the Process Agent at the applicable address above, and the Transferor, the Seller and the Collateral Agent each hereby irrevocably authorizes and directs the Process Agent to accept such service on their behalf. The Reserve Account Agent hereby irrevocably consents to the service of any and all process in any such suit, action or proceeding described in clause (a) above by the mailing of copies of such process to its New York office located at 767 Fifth Avenue, New York, NY 10153, with a copy to the Reserve Accxxxx Xxxxx xx xxx xxxxxxx xxxxxxxx xn Section 6.02 hereof. The Surety agrees to mail to the Transferor, the Seller or the Collateral Agent as the case may be, at its address provided in Section 6.02 hereof a copy of any summons, complaint or other process mailed or delivered by it to the Process Agent. As an alternative method of service, the Transferor, the Seller and the Collateral Agent each also irrevocably consents to the service of any and all process in any such action or proceeding described in clause (a) above by the mailing of copies of such process to the Transferor, the Seller and the Collateral Agent, as the case may be, at its address provided in Section 6.02 hereof. The Transferor, the Seller, the Collateral Agent and the Reserve Account Agent each agrees that a final, nonappealable judgment in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions by execution on the judgment or in any other manner provided by law. All mailings under this Section 6.05 shall be by certified mail, return receipt requested. Nothing in this Section 6.05 shall affect the right of the Surety to serve legal process in any other manner permitted by law or affect the right of the Surety to bring any suit, action or proceeding against the Transferor, the Seller, the Collateral Agent or the Reserve Account Agent or their respective property in the courts of any other jurisdiction.
Appears in 1 contract
Samples: Insurance Agreement (First Investors Financial Services Group Inc)
Consent to Jurisdiction and Venue, Etc. (a) The Transferor, the Seller, the Collateral Agent and the Reserve Account Agent each Company hereby irrevocably (ai) agrees that any suit, action or other legal proceeding arising out of or relating to this Agreement, the Security Agreement Notes or any of the other Transaction Documents Financing Document may be brought in a court the Supreme Court of record the State of New York sitting in the New York County, State of New York or in the Courts United States District Court of the United States Southern District of America located in such stateNew York, and any appellate court from any thereof, (bii) consents to the jurisdiction of each such court in any such suit, action or proceeding and (ciii) waives any objection which they it may have to the laying of venue of any such suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. The Transferor, the Seller and the Collateral Agent each Company hereby irrevocably appoints CT Corporation SystemSystem (the “Process Agent”), Suite 1301with an office on the date hereof at 000 Xxxxxx Xxxxxx, 116 John StreetXxx Xxxx, New York, New York 10038Xxx Xxxx 00000, as its agent to receive ox xxxxxx xx the Transferor, the Seller on its behalf and the Collateral Agent, as the case may be, and their respective properties on behalf of its property service of copies of the summons and complaint and any other process which may be served in any such suit, action or proceeding (the "Process Agent")proceeding. Such service may be made by mailing or delivering a copy of such process to the Transferor, the Seller or the Collateral Agent, as the case may be, Company in care of the Process Agent at the applicable Process Agent’s above address above, and the Transferor, the Seller and the Collateral Agent each Company hereby irrevocably authorizes and directs the Process Agent to accept such service on their its behalf. The Reserve Account Agent hereby and each Bank agrees to mail to the Company at its address provided in Section 15.02 hereof a copy of any summons, complaint, or other process mailed or delivered by it to the Company in care of the Process Agent. As an alternate method of service, the Company also irrevocably consents to the service of any and all process in any such suit, action or proceeding described in clause (a) above by the mailing of copies of such process to its New York office located at 767 Fifth Avenue, New York, NY 10153, with a copy to the Reserve Accxxxx Xxxxx xx xxx xxxxxxx xxxxxxxx xn Section 6.02 hereof. The Surety agrees to mail to the Transferor, the Seller or the Collateral Agent as the case may be, it at its address provided in Section 6.02 hereof a copy 15.02. Each of any summons, complaint or other process mailed or delivered by it to the Process Agent. As an alternative method of service, the Transferor, the Seller and the Collateral Agent each also irrevocably consents to the service of any and all process in any such action or proceeding described in clause (a) above by the mailing of copies of such process to the Transferor, the Seller and the Collateral Agent, as the case may be, at its address provided in Section 6.02 hereof. The Transferor, the Seller, the Collateral Agent and the Reserve Account Agent each parties hereto agrees that a final, nonappealable final judgment in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions by execution suit on the judgment or in any other manner provided by law. All mailings under this Section 6.05 15.11 shall be by certified mail, return receipt requested. .
(b) Nothing in this Section 6.05 15.11 shall affect the right of the Surety Agent or any Bank to serve legal process in any other manner permitted by law or affect the right of the Surety Agent or any Bank to bring any suit, action or proceeding against the Transferor, the Seller, the Collateral Agent Company or the Reserve Account Agent or their respective property of the Company in the courts of any other jurisdictionjurisdictions.
Appears in 1 contract
Consent to Jurisdiction and Venue, Etc. The Company, the Transferor, the SellerServicer, the Collateral Agent Trustee and the Reserve Account Agent Back-up Servicer each irrevocably (a) agrees that any suit, action or other legal proceeding arising out of or relating to this Agreement, the Trust and Security Agreement or any of the other Transaction Documents may be brought in a court of record in the State of New York or in the Courts of the United States of America located in such state, (b) consents to the jurisdiction of each such court in any such suit, action or proceeding and (c) waives any objection which they may have to the laying of venue of any such suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. The Company, the Transferor, the Seller Servicer, the Trustee and the Collateral Agent Back-up Servicer each hereby irrevocably appoints appoint CT Corporation System, Suite 1301, 116 John StreetXxxx Xxxxxx, New York, New York 10038, as its their agent to receive ox xxxxxx xx on behalf of the Company, the Transferor, the Seller Servicer, the Trustee and the Collateral AgentBack-up Servicer, as the case may be, and their respective properties service of copies of the summons and complaint and other process which may be served in any such suit, action or proceeding (the "Process Agent"). Such service may be made by mailing or delivering a copy of such process to the Company, the Transferor, the Seller Servicer, the Trustee or the Collateral AgentBack-up Servicer, as the case may be, in care of the Process Agent at the applicable address aboveProcess Agent's above address, and the Company, the Transferor, the Seller Servicer, the Trustee and the Collateral Agent Back-up Servicer each hereby irrevocably authorizes authorize and directs direct the Process Agent to accept such service on their behalf. The Reserve Account Agent hereby irrevocably consents to the service of any and all process in any such suit, action or proceeding described in clause (a) above by the mailing of copies of such process to its New York office located at 767 Fifth Avenue, New York, NY 10153, with a copy to the Reserve Accxxxx Xxxxx xx xxx xxxxxxx xxxxxxxx xn Section 6.02 hereof. The Surety Insurer agrees to mail to the Company, the Transferor, the Seller Servicer, the Trustee or the Collateral Agent Back-up Servicer, as the case may be, at its address provided in Section 6.02 hereof a copy of any summons, complaint or other process mailed or delivered by it to the Process Agent. As an alternative method of service, the Company, the Transferor, the Seller Servicer, the Trustee and the Collateral Agent Back-up Servicer each also irrevocably consents consent to the service of any and all process in any such action or proceeding described in clause (a) above by the mailing of copies of such process to the Company, the Transferor, the Seller and Servicer, the Collateral AgentTrustee or the Back-up Servicer, as the case may be, at its address provided in Section 6.02 hereof. The Company, the Transferor, the SellerServicer, the Collateral Agent Trustee and the Reserve Account Agent Back-up Servicer each agrees agree that a final, nonappealable judgment in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions by execution on the judgment or in any other manner provided by law. All mailings under this Section 6.05 shall be by certified mail, return receipt requested. Nothing in this Section 6.05 shall affect the right of the Surety Insurer to serve legal process in any other manner permitted by law or affect the right of the Surety Insurer to bring any suit, action or proceeding against the Company, the Transferor, the SellerServicer, the Collateral Agent Trustee or the Reserve Account Agent Back-up Servicer or their respective property in the courts of any other jurisdiction.
Appears in 1 contract
Consent to Jurisdiction and Venue, Etc. The Transferor, the Servicer, the Seller, the Collateral Agent and the Reserve Account Agent each irrevocably (a) agrees that any suit, action or other legal proceeding arising out of or relating to this Agreement, the Security Agreement or any of the other Transaction Documents may be brought in a court of record in the State of New York or in the Courts of the United States of America located in such state, (b) consents to the jurisdiction of each such court in any such suit, action or proceeding and (c) waives any objection which they may have to the laying of venue of any such suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. The Transferor, the Servicer, the Seller and the Collateral Agent each hereby irrevocably appoints CT Corporation System, Suite 1301, 116 John Street000 Xxxx Xxxxxx, New York, New York 10038, as its agent to receive ox xxxxxx xx on behalf of the Transferor, the Servicer, the Seller and the Collateral Agent, as the case may be, and their respective properties service of copies of the summons and complaint and other process which may be served in any such suit, action or proceeding (the "“Process Agent"”). Such service may be made by mailing or delivering a copy of such process to the Transferor, the Servicer, the Seller or the Collateral Agent, as the case may be, in care of the Process Agent at the applicable address above, and the Transferor, the Seller and the Collateral Agent each hereby irrevocably authorizes and directs the Process Agent to accept such service on their behalf. The Reserve Account Agent hereby irrevocably consents to the service of any and all process in any such suit, action or proceeding described in clause (a) above by the mailing of copies of such process to its New York office located at 767 Fifth Avenue, New York, NY 10153, with a copy to the Reserve Accxxxx Xxxxx xx xxx xxxxxxx xxxxxxxx xn Section 6.02 hereof. The Surety agrees to mail to the Transferor, the Seller or the Collateral Agent as the case may be, at its address provided in Section 6.02 hereof a copy of any summons, complaint or other process mailed or delivered by it to the Process Agent. As an alternative method of service, the Transferor, the Seller and the Collateral Agent each also irrevocably consents to the service of any and all process in any such action or proceeding described in clause (a) above by the mailing of copies of such process to the Transferor, the Seller and the Collateral Agent, as the case may be, at its address provided in Section 6.02 hereof. The Transferor, the Seller, the Collateral Agent and the Reserve Account Agent each agrees that a final, nonappealable judgment in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions by execution on the judgment or in any other manner provided by law. All mailings under this Section 6.05 shall be by certified mail, return receipt requested. Nothing in this Section 6.05 shall affect the right of the Surety to serve legal process in any other manner permitted by law or affect the right of the Surety to bring any suit, action or proceeding against the Transferor, the Seller, the Collateral Agent or the Reserve Account Agent or their respective property in the courts of any other jurisdiction.
Appears in 1 contract
Samples: Insurance Agreement (First Investors Financial Services Group Inc)