Consent to Jurisdiction, Service and Venue. For the purpose of enforcing payment of any of the Notes, performance of the obligations under any of the Notes, any arbitration award under the other Loan Documents, or otherwise in connection herewith, Borrower hereby consents to the jurisdiction and venue of the courts of the state of Washington or of any federal court located in such state, including, but not limited to, the Superior Court of Washington for King County and the United States District Court for the Western District of Washington. Borrower hereby waives the right to contest the jurisdiction and venue of courts located in King County, Washington, on the ground of inconvenience or otherwise and waives any right to bring any action or proceeding against U. S. Bank in any court outside King County, Washington. The provisions of this section do not limit or otherwise affect the right of U. S. Bank to institute and conduct action in any other appropriate manner, jurisdiction, or court.
Consent to Jurisdiction, Service and Venue. For the purpose of performance of the obligations under or otherwise in connection herewith, the parties hereby consent to the jurisdiction and venue of the courts of the state of Washington or of any federal court located in such state. The parties hereby waive the right to contest the jurisdiction and venue of courts located in the state of Washington on the ground of inconvenience or otherwise.
Consent to Jurisdiction, Service and Venue. Waiver Of Jury Trial; Damages.
Consent to Jurisdiction, Service and Venue. For the purpose of any suit, action or proceeding arising out of or relating to this Agreement, Seller hereby irrevocably consents and submits to the jurisdiction and venue of any of the courts of the State of Alabama or of any federal court located in the Southern District of Alabama and Buyer hereby irrevocably consents and submits to the jurisdiction and venue of any of the courts of the State of Colorado or of any Federal court located in the District of Colorado. Seller and Buyer each waive any objections which they may now or hereafter have to the venue of any such suit, action or proceeding brought in such courts and any claim that such suit, action or proceeding brought in such courts has been brought in an inconvenient forum. The provisions of this Section shall not limit or otherwise affect the right of Buyer or Seller to institute and conduct an action in any other appropriate manner, jurisdiction or court.
Consent to Jurisdiction, Service and Venue. For the purpose of any suit, action or proceeding arising out of or relating to this Agreement or the Note, Borrower irrevocably consents and submits to the jurisdiction and venue of the federal, state and county courts located in the State of Pennsylvania, and to service of process by first class United States mail, postage prepaid, return receipt requested, to their addresses set forth in Section 8.2 hereof. Borrower irrevocably waives any objection which they may now or hereinafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum and agrees that service of process in accordance with the foregoing sentence shall be deemed in every respect effective and valid personal service of process upon each of them. The provisions of this Section 8.12 shall not limit or otherwise affect the right of Lender to institute and conduct action in any other appropriate manner, jurisdiction or court.
Consent to Jurisdiction, Service and Venue. Waiver of Jury Trial
(i) With respect to any matters that may be heard before a court of competent jurisdiction under paragraph (iii) of the preceding subsection 18.5.1, the Pledgor hereby consents to the jurisdiction and venue of the courts of the Commonwealth of Pennsylvania or of any federal court located in such state, waives personal service of any and all process upon it and consents that all such service of process be made by certified or registered mail directed to the Pledgor at the address provided for in Section 18.1 above and service so made shall be deemed to be completed upon actual receipt. The Pledgor hereby waives the right to contest the jurisdiction and venue of the courts located in the County of Philadelphia, Commonwealth of Pennsylvania on the ground of inconvenience or otherwise and, further, waives any right to bring any action or proceeding against (a) the Agent in any court outside the County of Philadelphia, Commonwealth of Pennsylvania, or (b) any other Senior Secured Party other than in a state within the United States designated by such Senior Secured Party. The provisions of this Section 18.5 shall not limit or otherwise affect the right of the Agent or any Senior Secured Party to institute and conduct an action in any other appropriate manner, jurisdiction or court.
(ii) NO PARTY TO THIS AGREEMENT, NOR ANY ASSIGNEE, SUCCESSOR, HEIR OR PERSONAL REPRESENTATIVE OF THE FOREGOING SHALL SEEK A JURY TRIAL IN ANY PROCEEDING BASED UPON OR ARISING OUT OF THIS AGREEMENT, OR ANY OTHER LOAN DOCUMENT OR ANY GUARANTY RELATING TO SUCH INDEBTEDNESS OR THE RELATIONSHIP BETWEEN OR AMONG SUCH PERSONS OR ANY OF THEM. NEITHER THE AGENT NOR ANY SENIOR SECURED PARTY NOR ANY PLEDGOR NOR ANY OTHER PERSON WILL SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED.
(iii) WITHOUT LIMITING THE GENERALITY OF PARAGRAPH (iv) OF THE PRECEDING SUBSECTION 18.
5.1 EXCEPT AS PROHIBITED BY LAW, EACH PARTY TO THIS AGREEMENT WAIVES ANY RIGHTS IT MAY HAVE TO CLAIM OR RECOVER IN ANY ARBITRATION OR OTHER LITIGATION, ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR ANY DAMAGES OTHER THAN, OR IN ADDITION TO, ACTUAL DAMAGES. EACH PARTY TO THIS AGREEMENT (i) CERTIFIES THAT NEITHER THE AGENT NOR ANY REPRESENTATIVE, OR ATTORNEY OF THE AGENT NOR ANY SENIOR SECURED PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE AGENT OR SUCH SENIOR SECURED PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFOR...
Consent to Jurisdiction, Service and Venue. For the purpose of any suit, action or proceeding arising out of or relating to this Agreement, NewCo irrevocably consents and submits to the jurisdiction and venue of any state or federal court of competent jurisdiction sitting in the New York, New York. NewCo agrees that service of the summons and complaint and all other process which may be served in any such suit, action or proceeding may be effected by mailing by registered mail a copy of such process to NewCo at the address set forth in Section 11. NewCo irrevocably waives any objection which it may now or hereafter have to the venue of any such suit, action or proceeding brought in such court and any claim that such suit, action or proceeding brought in such court has been brought in an inconvenient forum and agrees that service of process in accordance with this Section will be deemed in every respect effective and valid personal service of process upon NewCo. Nothing in this Agreement will be construed to prohibit service of process by any other method permitted by law. The provisions of this Section will not limit or otherwise affect the right of Agent to institute and conduct an action in any other appropriate manner, jurisdiction or court. NewCo agrees that final judgment in such suit, action or proceeding will be conclusive and may be enforced in any other jurisdiction by suit on the judgment or in any other manner provided by law.
Consent to Jurisdiction, Service and Venue. For the purpose of enforcing payment and performance of the Loan Documents, including, any payment under the Notes and performance of other obligations under the Loan Documents, or in any other matter relating to, or arising out of, the Loan Documents, Borrower hereby consents to the jurisdiction and venue of the courts of the Commonwealth of Pennsylvania or of any federal court located in such state, waives personal service of any and all process upon it and consents that all such service of process be made by certified or registered mail directed to NCO Group at the address provided for in Section 11.1 and service so made shall be deemed to be completed upon actual receipt or execution of a receipt by any Person at such address. Borrower hereby waives the right to contest the jurisdiction and venue of the courts located in the Commonwealth of Pennsylvania on the ground of inconvenience or otherwise and, further, waives any right to bring any action or proceeding against (a) the Administrative Agent in any court outside the Commonwealth of Pennsylvania, or (b) any other Lender other than in a state within the United States designated by such Lender. The provisions of this Section 11.21 shall not limit or otherwise affect the right of the Administrative Agent or any other Lender to institute and conduct an action in any other appropriate manner, jurisdiction or court.
Consent to Jurisdiction, Service and Venue. For the purpose of ------------------------------------------ any suit, action or proceeding arising out of or relating to this Agreement, the Revolving Loan Note or the Loan Documents, Borrower hereby irrevocably consents and submits to the jurisdiction and venue of any of the Courts of the Commonwealth of Pennsylvania or any Federal court located in the Eastern District of Pennsylvania including, without limitation, the Court of Common Pleas of Montgomery County and the United Sxxxxx Xxxxrict Court for the Eastern District of Pennsylvania, regardless of the convenience of such forum, and Borrower further agrees and consents to accept and acknowledge all service of process carried out by means of registered mail, return receipt requested in connection with any such matter. The provisions of this Section shall not limit or otherwise affect the right of Lender to institute and conduct action in any other appropriate manner, jurisdiction or court.
Consent to Jurisdiction, Service and Venue. For the purpose of any suit, action or proceeding arising out of or relating to this Agreement, the Sellers hereby irrevocably consent and submit to the jurisdiction and venue of any of the courts of the State of Alabama or of any federal court located in Alabama. The Sellers hereby irrevocably waive any objection which they may now or hereafter have to the venue of any such suit, action or proceeding brought in such court and any claim that such suit, action or proceeding brought in such court has been brought in an inconvenient forum and agree that service of process in accordance with the foregoing sentence will be deemed in every respect effective and valid personal service of process upon the Sellers. The provisions of this Section will not limit or otherwise affect the right of Masada to institute and conduct an action in any other appropriate manner, jurisdiction or court.
