Common use of Consent to Jurisdiction and Venue; Service of Process Clause in Contracts

Consent to Jurisdiction and Venue; Service of Process. The Borrower agrees that, in addition to any other courts that may have jurisdiction under applicable laws, any action or proceeding to enforce or arising out of this Agreement or any of the other Loan Documents may be commenced in the Supreme Court of the State of New York for New York County, or in the United States District Court for the Southern District of New York, and the Borrowers consent and submit in advance to such jurisdiction and agree that venue will be proper in such courts on any such matter. The Borrowers hereby waive personal service of process and agree that a summons and complaint commencing an action or proceeding in any such court shall be properly served and shall confer personal jurisdiction if served by registered or certified mail to the Borrowers. Should a Borrower fail to appear or answer any summons, complaint, process or papers so served within 30 days after the mailing or other service thereof, such Borrower shall be deemed in default and an order or judgment may be entered against it as demanded or prayed for in such summons, complaint, process or papers. The choice of forum set forth in this section shall not be deemed to preclude the enforcement of any judgment obtained in such forum, or the taking of any action under this Agreement to enforce the same, in any appropriate jurisdiction.

Appears in 3 contracts

Samples: Loan and Security Agreement (Trend Lines Inc), Loan and Security Agreement (Trend Lines Inc), Loan and Security Agreement (Trend Lines Inc)

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Consent to Jurisdiction and Venue; Service of Process. The Borrower agrees that, in addition to any other courts that may have jurisdiction under applicable laws, any action or proceeding to enforce or arising out of this Agreement or any of the other Loan Documents may be commenced in the Supreme Court of the State of New York for New York County, or in the United States District Court for the Southern District of New York, and the Borrowers consent Borrower consents and submit submits in advance to such jurisdiction and agree agrees that venue will be proper in such courts on any such matter. The Borrowers Borrower hereby waive waives personal service of process and agree agrees that a summons and complaint commencing an action or proceeding in any such court shall be properly served and shall confer personal jurisdiction if served by registered or certified mail to the Borrowers. Should a Borrower fail to appear or answer any summons, complaint, process or papers so served within 30 days after the mailing or other service thereof, such Borrower shall be deemed in default and an order or judgment may be entered against it as demanded or prayed for in such summons, complaint, process or papersBorrower. The choice of consent to forum set forth in this section Section shall not be deemed to preclude the enforcement of any judgment obtained in such forum, or the taking of any action under this Agreement to enforce the same, in any appropriate jurisdiction. The Borrower waives any objection it may now or hereafter have to the laying of venue in the foregoing courts or that any such action has been brought in an inconvenient forum.

Appears in 2 contracts

Samples: Loan and Facilities Agreement (Bh Re LLC), Loan and Facilities Agreement (Bh Re LLC)

Consent to Jurisdiction and Venue; Service of Process. The Borrower agrees that, in addition to any other courts that may have jurisdiction under applicable laws, any action or proceeding to enforce or arising out of this Agreement or any of the other Loan Documents may be commenced in the Supreme Court of the State of New York for New York County, or in the United States District Court for the Southern District of New York, and the Borrowers consent Borrower consents and submit submits in advance to such jurisdiction and agree agrees that venue will be proper in such courts on any such matter. The Borrowers Borrower hereby waive waives personal service of process and agree agrees that a summons and complaint commencing an action or proceeding in any such court shall be properly served and shall confer personal jurisdiction if served by registered or certified mail to the BorrowersBorrower. Should a Borrower fail to appear or answer any summons, complaint, process or papers so served within 30 days after the mailing or other service thereof, such Borrower shall be deemed in default and an order or judgment may be entered against it as demanded or prayed for in such summons, complaint, process or papers. The choice of forum set forth in this section shall not be deemed to preclude the enforcement of any judgment obtained in such forum, or the taking of any action under this Agreement to enforce the same, in any appropriate jurisdiction.

Appears in 1 contract

Samples: Loan and Security Agreement (Woodworkers Warehouse Inc)

Consent to Jurisdiction and Venue; Service of Process. The Borrower agrees that, in addition to any other courts that may have jurisdiction under applicable laws, any action or proceeding to enforce or arising out of this Agreement or any of the other Loan Documents may be commenced in the Supreme Court of the State of New York for New York County, or in the United States District Court for the Southern District of New York, and the Borrowers consent Borrower consents and submit submits in advance to such jurisdiction and agree agrees that venue will be proper in such courts on any such matter. The Borrowers Borrower hereby waive waives personal service of process and agree that a summons and complaint commencing an action or proceeding in any such court shall be properly served and shall confer personal jurisdiction if served by registered or certified mail to the Borrowers. Should a Borrower fail to appear or answer any summons, complaint, process or papers so served within 30 days after the mailing or other service thereof, such Borrower shall be deemed in default and an order or judgment may be entered against it as demanded or prayed for in such summons, complaint, process or papersBorrower. The choice of forum set forth in this section shall not be deemed to preclude the enforcement of any judgment obtained in such forum, or the taking of any action under this Agreement to enforce the same, in any appropriate jurisdiction.

Appears in 1 contract

Samples: Loan and Security Agreement (Cosmetic Center Inc)

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Consent to Jurisdiction and Venue; Service of Process. The Each Borrower agrees that, in addition to any other courts that may have jurisdiction under applicable laws, any action or proceeding to enforce or arising out of this Agreement or any of the other Loan Documents may be commenced in the Supreme Court of the State of New York for New York County, or in the United States District Court for the Southern District of New York, and the Borrowers consent each Borrower consents and submit submits in advance to such jurisdiction and agree agrees that venue will be proper in such courts on any such matter. The Borrowers Each Borrower hereby waive waives personal service of process and agree agrees that a summons and complaint commencing an action or proceeding in any such court shall be properly served and shall confer personal jurisdiction if served by registered or certified mail to the Borrowers. Should a Borrower fail to appear or answer any summons, complaint, process or papers so served within 30 days after the mailing or other service thereof, such Borrower shall be deemed in default and an order or judgment may be entered against it as demanded or prayed for in such summons, complaint, process or papersBorrower. The choice of consent to forum set forth in this section Section shall not be deemed to preclude the enforcement of any judgment obtained in such forum, or the taking of any action under this Agreement to enforce the same, in any appropriate jurisdiction. Each Borrower waives any objection it may now or hereafter have to the laying of venue in the foregoing courts or that any such action has been brought in an inconvenient forum.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Penn Traffic Co)

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