Common use of Consent to Jurisdiction and Venue, Etc Clause in Contracts

Consent to Jurisdiction and Venue, Etc. The Company, the Transferor, the Servicer, the Trustee and the 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 Servicer, the Trustee and the Back-up Servicer each hereby irrevocably appoint CT Corporation System, Suite 1301, 116 Xxxx Xxxxxx, New York, New York 10038, as their agent to receive on behalf of the Company, the Transferor, the Servicer, the Trustee and the Back-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 Servicer, the Trustee or the Back-up Servicer, as the case may be, in care of the Process Agent at the Process Agent's above address, and the Company, the Transferor, the Servicer, the Trustee and the Back-up Servicer each hereby irrevocably authorize and direct the Process Agent to accept such service on their behalf. The Insurer agrees to mail to the Company, the Transferor, the Servicer, the Trustee or the 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 Servicer, the Trustee and the Back-up Servicer each also irrevocably consent to the service of any and all process in any such action or proceeding by mailing of copies of such process to the Company, the Transferor, the Servicer, the Trustee or the Back-up Servicer, as the case may be, at its address provided in Section 6.02 hereof. The Company, the Transferor, the Servicer, the Trustee and the Back-up Servicer each 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 Insurer to serve legal process in any other manner permitted by law or affect the right of the Insurer to bring any suit, action or proceeding against the Company, the Transferor, the Servicer, the Trustee or the Back-up Servicer or their respective property in the courts of any other jurisdiction

Appears in 1 contract

Samples: Insurance Agreement (T&w Financial Corp)

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Consent to Jurisdiction and Venue, Etc. The Company, the Transferor, the ServicerSeller, the Trustee Collateral Agent and the Back-up Servicer Reserve Account Agent 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 Servicer, the Trustee Seller and the Back-up Servicer Collateral Agent each hereby irrevocably appoint appoints CT Corporation System, Suite 1301, 116 Xxxx XxxxxxJohn Street, New York, New York 10038, as their its agent to receive on behalf of the Company, ox xxxxxx xx the Transferor, the Servicer, the Trustee Seller and the Back-up ServicerCollateral 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 Company, the Transferor, the Servicer, the Trustee Seller or the Back-up ServicerCollateral Agent, as the case may be, in care of the Process Agent at the Process Agent's above addressapplicable address above, and the Company, the Transferor, the Servicer, the Trustee Seller and the Back-up Servicer Collateral Agent each hereby irrevocably authorize authorizes and direct directs the Process Agent to accept such service on their behalf. The Insurer 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 Company, the Transferor, the Servicer, the Trustee Seller or the Back-up Servicer, 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 Company, the Transferor, the Servicer, the Trustee Seller and the Back-up Servicer Collateral Agent each also irrevocably consent 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 Company, the Transferor, the Servicer, Seller and the Trustee or the Back-up ServicerCollateral Agent, as the case may be, at its address provided in Section 6.02 hereof. The Company, the Transferor, the ServicerSeller, the Trustee Collateral Agent and the Back-up Servicer Reserve Account Agent each agree 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 Insurer Surety to serve legal process in any other manner permitted by law or affect the right of the Insurer Surety to bring any suit, action or proceeding against the Company, the Transferor, the ServicerSeller, the Trustee Collateral Agent or the Back-up Servicer 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 Company, the Transferor, the Servicer, the Trustee and the Back-up Servicer each Company hereby irrevocably (ai) agrees that any suit, action or other legal proceeding arising out of or relating to this Agreement, the Trust and 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 Company, the Transferor, the Servicer, the Trustee and the Back-up Servicer each Company hereby irrevocably appoint appoints CT Corporation SystemSystem (the “Process Agent”), Suite 1301, 116 Xxxx with an office on the date hereof at 000 Xxxxxx Xxxxxx, New YorkXxx Xxxx, New York 10038Xxx Xxxx 00000, as their its agent to receive on its behalf and on behalf of the Company, the Transferor, the Servicer, the Trustee and the Back-up Servicer, as the case may be, and their respective properties 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 Company, the Transferor, the Servicer, the Trustee or the Back-up Servicer, as the case may be, Company in care of the Process Agent at the Process Agent's ’s above address, address and the Company, the Transferor, the Servicer, the Trustee and the Back-up Servicer each Company hereby irrevocably authorize authorizes and direct directs the Process Agent to accept such service on their its behalf. The Insurer Agent and each Bank agrees to mail to the Company, the Transferor, the Servicer, the Trustee or the Back-up Servicer, as the case may be, Company at its address provided in Section 6.02 15.02 hereof a copy of any summons, complaint complaint, or other process mailed or delivered by it to the Company in care of the Process Agent. As an alternative alternate method of service, the Company, the Transferor, the Servicer, the Trustee and the Back-up Servicer each Company also irrevocably consent consents to the service of any and all process in any such suit, action or proceeding by mailing of copies of such process to the Company, the Transferor, the Servicer, the Trustee or the Back-up Servicer, as the case may be, it at its address provided in Section 6.02 hereof15.02. The Company, Each of the Transferor, the Servicer, the Trustee and the Back-up Servicer each agree 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. Nothing in this Section 6.05 shall affect the right of the Insurer to serve legal process in any other manner permitted by law or affect the right of the Insurer to bring any suit, action or proceeding against the Company, the Transferor, the Servicer, the Trustee or the Back-up Servicer or their respective property in the courts of any other jurisdiction.

Appears in 1 contract

Samples: Credit Agreement (Unisource Energy Corp)

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Consent to Jurisdiction and Venue, Etc. The Company, the Transferor, the Servicer, the Trustee Seller, the Collateral Agent and the Back-up Servicer Reserve Account Agent 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 Servicer, the Trustee Seller and the Back-up Servicer Collateral Agent each hereby irrevocably appoint appoints CT Corporation System, Suite 1301, 116 000 Xxxx Xxxxxx, New York, New York 10038, as their its agent to receive on behalf of the Company, the Transferor, the Servicer, the Trustee Seller and the Back-up ServicerCollateral 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 Company, the Transferor, the Servicer, the Trustee Seller or the Back-up ServicerCollateral Agent, as the case may be, in care of the Process Agent at the Process Agent's above addressapplicable address above, and the Company, the Transferor, the Servicer, the Trustee Seller and the Back-up Servicer Collateral Agent each hereby irrevocably authorize authorizes and direct directs the Process Agent to accept such service on their behalf. The Insurer 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 000 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000, with a copy to the Reserve Account Agent at its address provided in Section 6.02 hereof. The Surety agrees to mail to the Company, the Transferor, the Servicer, the Trustee Seller or the Back-up Servicer, 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 Company, the Transferor, the Servicer, the Trustee Seller and the Back-up Servicer Collateral Agent each also irrevocably consent 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 Company, the Transferor, the Servicer, the Trustee or Seller and the Back-up ServicerCollateral Agent, as the case may be, at its address provided in Section 6.02 hereof. The Company, the Transferor, the Servicer, the Trustee Seller, the Collateral Agent and the Back-up Servicer Reserve Account Agent each agree 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 Insurer Surety to serve legal process in any other manner permitted by law or affect the right of the Insurer Surety to bring any suit, action or proceeding against the Company, the Transferor, the ServicerSeller, the Trustee Collateral Agent or the Back-up Servicer 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)

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