Consent to Jurisdiction; Venue; Agent for Service of Process. All judicial proceedings brought against the Borrower with respect to this Agreement and the Loan Documents may be brought in any state or federal court of competent jurisdiction in the City and County of San Francisco in the State of California, and by execution and delivery of this Agreement, the Borrower accepts for itself and in connection with its properties, generally and unconditionally, the nonexclusive jurisdiction of the aforesaid courts, and irrevocably agrees to be bound by any judgment rendered thereby in connection with this Agreement. The Borrower irrevocably waives any right it may have to assert the doctrine of FORUM NON CONVENIENS or to object to venue to the extent any proceeding is brought in accordance with this Section. The Borrower designates and appoints Borrower's Chief Financial Officer, from time to time, and such other Persons as may hereafter be selected by the Borrower irrevocably agreeing in writing to so serve as its agent to receive on its behalf service of all process in any such proceedings in any such court, such service being hereby acknowledged by the Borrower to be effective and binding service in every respect. A copy of any such process so served shall be mailed by registered mail to the Borrower at its address provided in the applicable signature page hereto, except that unless otherwise provided by applicable law, any failure to mail such copy shall not affect the validity of service of process. If any agent appointed by the Borrower refuses to accept service, the Borrower hereby agrees that service upon it by mail shall constitute sufficient notice. Nothing herein shall affect the right to serve process in any other manner permitted by law or shall limit the right of the Agent or any Lender to bring proceedings against the Borrower in courts of any jurisdiction.
Appears in 2 contracts
Samples: Credit Agreement (Coinstar Inc), Credit Agreement (Network Commerce Inc)
Consent to Jurisdiction; Venue; Agent for Service of Process. All judicial proceedings brought against the Borrower with respect to this Agreement and the Restructure Loan Documents may be brought in any state or federal court of competent jurisdiction in the City and County of San Francisco in the State of California, and by execution and delivery of this Agreement, the Borrower accepts for itself and in connection with its properties, generally and unconditionally, the nonexclusive jurisdiction of the aforesaid courts, and irrevocably agrees to be bound by any judgment rendered thereby in connection with this Agreement. The Borrower irrevocably waives any right it may have to assert the doctrine of FORUM NON CONVENIENS forum non conveniens or to object to venue to the extent any proceeding is brought in accordance with this SectionSection 12.8. The Borrower designates and appoints the Borrower's Chief Financial Officer, from time to time, and Komag Incorporated, 1710 Xxxxxxxxxx Xxxxxxx, Xxx Xxxx, Xxxxxxxxxx, 00000-0000, xxd such other Persons as may hereafter be selected by the Borrower irrevocably agreeing in writing to so serve as its agent to receive on its behalf service of all process in any such proceedings in any such court, such service being hereby acknowledged by the Borrower to be effective and binding service in every respect. A copy of any such process so served shall be mailed by registered mail to the Borrower at its address provided in the applicable signature page hereto, except that unless otherwise provided by applicable law, any failure to mail such copy shall not affect the validity of service of process. If any agent appointed by the Borrower refuses to accept service, the Borrower hereby agrees that service upon it by mail shall constitute sufficient notice. Nothing herein shall affect the right to serve process in any other manner permitted by law or shall limit the right of Restructure Agent, on behalf of itself and the Agent or any Lender Restructure Lenders, to bring proceedings against the Borrower in courts of any jurisdiction.
Appears in 2 contracts
Samples: Loan Restructure Agreement (Komag Inc /De/), Loan Restructure Agreement (Komag Inc /De/)
Consent to Jurisdiction; Venue; Agent for Service of Process. All judicial proceedings brought against any Borrower or the Borrower Subsidiary Guarantor with respect to this Agreement and the Loan Documents may be brought in any state or federal court of competent jurisdiction in the City and County of San Francisco in the State of California, and by execution and delivery of this Agreement, each Borrower and the Borrower Subsidiary Guarantor accepts for itself and in connection with its respective properties, generally and unconditionally, the nonexclusive jurisdiction of the aforesaid courts, and irrevocably agrees to be bound by any judgment rendered thereby in connection with this Agreement. The Borrower Borrowers and the Subsidiary Guarantor irrevocably waives waive any right it they may have to assert the doctrine of FORUM NON CONVENIENS forum non conveniens or to object to venue to the extent ----- ---------- any proceeding is brought in accordance with this Section. The Borrower designates Borrowers (other than BEI) and appoints Borrower's Chief Financial Officer, from time to time, the Subsidiary Guarantor designate and appoint BEI at the address set forth on the signature page hereof and such other Persons Person as may hereafter be selected by the Borrower Borrowers and the Subsidiary Guarantor irrevocably agreeing in writing to so serve as its their agent to receive on its their behalf service of all process in any such proceedings in any such court, such service being hereby acknowledged by the Borrower Borrowers and the Subsidiary Guarantor to be effective and binding service in every respect. A copy of any such process so served shall be mailed by registered mail to the applicable Borrower and the Subsidiary Guarantor at its address provided in the applicable signature page hereto, except that unless otherwise provided by applicable law, any failure to mail such copy shall not affect the validity of service of process. If any agent appointed by the Borrower Borrowers and the Subsidiary Guarantor refuses to accept service, the Borrower Borrowers and the Subsidiary Guarantor hereby agrees agree that service upon it them by mail shall constitute sufficient notice. Nothing herein shall affect the right to serve process in any other manner permitted by law or shall limit the right of the Agent or any Lender to bring proceedings against the Borrower Borrowers and the Subsidiary Guarantor in courts of any jurisdiction.
Appears in 1 contract
Consent to Jurisdiction; Venue; Agent for Service of Process. All judicial proceedings brought against the a Borrower with respect to this Agreement and the The Loan Documents may be brought in any state or federal court of competent jurisdiction in the City and County of San Francisco Santa Clara in the State of California, and by execution and delivery of this Agreementtxxx Xgreement, the each Borrower accepts for itself and in connection with its properties, generally and unconditionally, the nonexclusive jurisdiction of the aforesaid courts, and irrevocably agrees to be bound by any judgment rendered thereby in connection with this Agreement. The Each Borrower irrevocably waives any right it may have to assert the doctrine of FORUM NON CONVENIENS forum non conveniens or to object to venue to the extent any proceeding is brought in accordance with this Section. The Each Borrower designates and appoints Borrower's Integrated Packaging Assembly Corporations' Chief Financial Officer, from time to time, and such other Persons as may hereafter be selected by the Borrower Borrowers irrevocably agreeing in writing to so serve as its agent to receive on its behalf service of all process in any such proceedings in any such court, such service being hereby acknowledged by the Borrower Borrowers to be effective and binding service in every respect. A copy of any such process so served shall be mailed by registered mail to the Borrower Borrowers at its their address provided in the applicable signature page hereto, except that unless otherwise provided by applicable law, any failure to mail such copy shall not affect the validity of service of process. If any agent appointed by the Borrower Borrowers refuses to accept service, the Borrower Borrowers hereby agrees that service upon it by mail shall constitute sufficient notice. Nothing herein shall affect the right to serve process in any other manner permitted by law bylaw or shall limit the right of the either Agent or any Lender to bring proceedings against the a Borrower in courts of any jurisdiction.
Appears in 1 contract
Samples: Loan and Security Agreement (Integrated Packaging Assembly Corp)
Consent to Jurisdiction; Venue; Agent for Service of Process. All ------------------------------------------------------------ judicial proceedings brought against the Borrower with respect to this Agreement and the Loan Documents may be brought in any state or federal court of competent jurisdiction in the City and County of San Francisco or Santa Xxxxx in the State of California, and by execution and delivery of this Agreement, the Borrower accepts for itself and in connection with its properties, generally and unconditionally, the nonexclusive jurisdiction of the aforesaid courts, and irrevocably agrees to be bound by any judgment rendered thereby in connection with this Agreement. The Borrower irrevocably waives any right it may have to assert the doctrine of FORUM NON CONVENIENS forum non conveniens or to object to venue to the extent ----- --- ---------- any proceeding is brought in accordance with this Section. The Borrower designates and appoints Borrower's Chief Financial Officer, from time to time, P-Com, Inc., 0000 X. Xxxxxxxxxx Boulevard, Campbell, California 95008, and such other Persons as may hereafter be selected by the Borrower irrevocably agreeing in writing to so serve as its agent to receive on its behalf service of all process in any such proceedings in any such court, such service being hereby acknowledged by the Borrower to be effective and binding service in every respect. A copy of any such process so served shall be mailed by registered mail to the Borrower at its address provided in the applicable signature page hereto, except that unless otherwise provided by applicable law, any failure to mail such copy shall not affect the validity of service of process. If any agent appointed by the Borrower refuses to accept service, the Borrower hereby agrees that service upon it by mail shall constitute sufficient notice. Nothing herein shall affect the right to serve process in any other manner permitted by law or shall limit the right of the Agent or any Lender to bring proceedings against the Borrower in courts of any jurisdiction.
Appears in 1 contract
Samples: Credit Agreement (P Com Inc)