Common use of Consent to Jurisdiction, Waiver of Personal Service, Etc Clause in Contracts

Consent to Jurisdiction, Waiver of Personal Service, Etc. Each Loan Party hereby consents and agrees that the Supreme Court of the State of New York for the County of Westchester and the United States District Court for the Southern District of New York (Westchester Division) each shall have personal jurisdiction and proper venue with respect to any dispute between the Lender and the Loan Party under any Loan Instrument; provided that the foregoing consent shall not deprive the Lender of the right in its sole and absolute discretion to voluntarily commence or participate in any action, suit or proceeding in any other court SPAR ESOP Revolving Credit Agreement having jurisdiction and venue over any Loan Party. In any dispute with the Lender, no Loan Party will raise, and each Loan Party hereby expressly waives, any objection or defense to any such jurisdiction as an inconvenient forum. Without in any way limiting the preceding consents to jurisdiction and venue, the parties agree to submit to the jurisdiction of such New York courts in accordance with Section 5-1402 of the General Obligations Law of the State of New York or any corresponding or succeeding provisions thereof. Each Loan Party hereby expressly waives personal service of any summons, complaint or other process, which may be delivered by any of the means permitted for notices under Section 9.01 hereof. In addition to (and without limitation of) any such delivery or any other delivery permitted under Applicable Law, each Loan Party agrees to execute an deliver to the Lender a Designation of Agent for Service appointing CT CORPORATION SYSTEM as the agent of the Loan Party for service in the State of New York, which the Loan Party hereby irrevocably authorizes the Lender to date with such date (if undated) and file with the appropriate Authority at such time as the Lender in its sole and absolute discretion may elect. Within thirty (30) days after service of process, each Loan Party agrees to appear or answer any summons or complaint of the Lender, and should that Loan Party fail to appear or answer within said thirty-day period, that Loan Party shall be deemed in default under that action and judgment may be requested by the Lender and entered in favor of the Lender against that Loan Party for the relief demanded in any complaint so served. Each Loan Party acknowledges and agrees that a final judgment in any such action, suit or proceeding shall be conclusive and binding upon that Loan Party and may be enforced against that Loan Party or any of its assets or properties in any other appropriate jurisdiction selected by the Lender (in its sole and absolute discretion) by an action, suit or proceeding in such other jurisdiction. To the extent that that Loan Party may be entitled to immunity (whether by reason of sovereignty or otherwise) from suit in any jurisdiction, from the jurisdiction of any court or from any other legal process, each Loan Party hereby irrevocably waives such immunity.

Consent to Jurisdiction, Waiver of Personal Service, Etc. Each Loan Party hereby consents and agrees that the Supreme Court of the State of New York for the County of Westchester and the United States District Court for the Southern District of New York (Westchester Division) each shall have personal jurisdiction and proper venue with respect to any dispute between the Lender and the Loan Party under any Loan Instrument; provided that the foregoing consent shall not deprive the Lender of the right in its sole and absolute discretion to voluntarily commence or participate in any action, suit or proceeding in any other court SPAR ESOP Revolving Credit Agreement having jurisdiction and venue over any Loan Party. In any dispute with the Lender, no Loan Party will raise, and each Loan Party hereby expressly waives, any objection or defense to any such jurisdiction as an inconvenient forum. Without in any way limiting the preceding consents to jurisdiction and venue, the parties agree to submit to the jurisdiction of such New York courts in accordance with Section 5-1402 of the General Obligations Law of the State of New York or any corresponding or succeeding provisions thereof. Each Loan Party hereby expressly waives personal service of any summons, complaint or other process, which may be delivered by any of the means permitted for notices under Section 9.01 hereof. In addition to (and without limitation of) any such delivery or any other delivery permitted under Applicable Law, each Loan Party agrees to execute an deliver to the Lender a Designation of Agent for Service appointing CT CORPORATION SYSTEM as the agent of the Loan Party for service in the State of New York, which the Loan Party hereby irrevocably authorizes the Lender to date with such date (if undated) and file with the appropriate Authority at such time as the Lender in its sole and absolute discretion may elect. Within thirty (30) days after service of process, each Loan Party agrees to appear or answer any summons or complaint of the Lender, and should that Loan Party fail to appear or answer within said thirty-day period, that Loan Party shall be deemed in default under that action and judgment may be requested by the Lender and entered in favor of the Lender against that Loan Party for the relief demanded in any complaint so served. Each Loan Party acknowledges and agrees that a final judgment in any such action, suit or proceeding shall be conclusive and binding upon that Loan Party and may be enforced against that Loan Party or any of its assets or properties in any other appropriate jurisdiction selected by the Lender (in its sole and absolute discretion) by an action, suit or proceeding in such other jurisdiction. To the extent that that Loan Party may be entitled to immunity (whether by reason of sovereignty or otherwise) from suit in any jurisdiction, from the jurisdiction of any court or from any other legal process, each Loan Party hereby irrevocably waives such immunity.

Consent to Jurisdiction, Waiver of Personal Service, Etc. Each Loan Party The Parties each hereby consents and agrees that the Supreme Court of the State of New York for the County of Westchester and the United States District Court for the Southern District of New York (Westchester Division) each shall have exclusive personal jurisdiction and proper venue with respect to any dispute between the Lender and the Loan Party Parties under any Loan Instrument; provided that the foregoing consent shall not deprive the Lender of the right in its sole and absolute discretion to voluntarily commence or participate in any action, suit or proceeding in any other court SPAR ESOP Revolving Credit Agreement having jurisdiction and venue over any Loan PartyPurchase Document. In any dispute with the Lenderdispute, no Loan Party will raise, and each Loan Party hereby expressly forever expressly, unconditionally and irrevocably waives, any objection or defense to any such jurisdiction as an inconvenient forum. Without in any way limiting the preceding consents to jurisdiction and venue, the parties Parties agree to submit to the jurisdiction of such New York courts in accordance with Section 5-1402 of the General Obligations Law of the State of New York or any corresponding or succeeding provisions thereof. Each Loan Party The Purchaser hereby expressly forever expressly, unconditionally and irrevocably waives personal service of any summons, complaint or other process, which may be delivered by any of the means permitted for notices under Section 9.01 7.01 hereof. In addition to (and without limitation of) any such delivery or any other delivery permitted under Applicable Law, each Loan Party the Purchaser agrees to execute an deliver to the Lender Seller a Designation of Agent for Service appointing CT CORPORATION SYSTEM as the agent of the Loan Party Purchaser for service in the State of New York, which the Loan Party Purchaser hereby irrevocably authorizes the Lender Seller to date with such date (if undated) and file with the appropriate Authority at such time as the Lender Seller in its sole and absolute discretion may elect. Within thirty (30) days after service of process, each Loan Party the Purchaser agrees to appear or answer any summons or complaint of the LenderSeller, and should that Loan Party the Purchaser fail to appear or answer within said thirty-day period, that Loan Party the Purchaser shall be deemed in default under that action and judgment may be requested by the Lender Seller and entered in favor of the Lender Seller against that Loan Party the Purchaser for the relief demanded in any complaint so served. Each Loan Party acknowledges and agrees that a final judgment in any such action, suit or proceeding shall be conclusive and binding upon that Loan Party the Parties and may be enforced against that Loan the applicable Party or any of its assets or properties in any other appropriate jurisdiction selected by the Lender prevailing Party (in its sole and absolute discretion) by an action, suit or proceeding in such other jurisdiction. To the extent that that Loan any Party may be entitled to immunity (whether by reason of sovereignty or otherwise) from suit in any jurisdiction, from the jurisdiction of any court or from any other legal process, each Loan such Party hereby forever expressly, unconditionally and irrevocably waives such immunity.

Consent to Jurisdiction, Waiver of Personal Service, Etc. Each Loan Party Borrower hereby consents and agrees that the Supreme Court of the State of New York for the County of Westchester Nassau and the United States District Court for the Southern Eastern District of New York (Westchester Division) each shall have personal jurisdiction and proper venue with respect to any dispute between the Lender Administrative Agent (or any other Bank) and the Loan Party any Borrower under any Loan Instrument; provided that the foregoing consent shall not deprive the Lender Administrative Agent (on behalf of the Banks) of the right in its sole and absolute discretion to voluntarily commence or participate in any action, suit or proceeding in any other court SPAR ESOP Revolving Credit Agreement having jurisdiction and venue over any Loan PartyBorrower. In any dispute with the LenderAdministrative Agent or any other Bank, no Loan Party Borrower will raise, and each Loan Party Borrower hereby expressly waives, any objection or defense to any such jurisdiction as an inconvenient forum. Without in any way limiting the preceding consents to jurisdiction and venue, the parties agree intend (among other things) to submit to thereby avail themselves of the jurisdiction benefit of such New York courts in accordance with Section 5-1402 of the General Obligations Law of the State of New York or any corresponding or succeeding provisions thereofYork. Each Loan Party Borrower hereby expressly waives personal service of any summons, complaint or other process, which may be delivered by any of the means permitted for notices under Section 9.01 10.01 hereof. In addition to (and without limitation of) of any such delivery or any other delivery permitted under Applicable Law), each Loan Party agrees to execute an deliver Borrower has executed and delivered to the Lender Administrative Agent a Designation of Administrative Agent for Service appointing CT CORPORATION SYSTEM Kramer, Coleman, Wactlar & Xxxxxxxxx, P.C., as the agent of the Loan Party such Borrower for service in the State of New York, which the Loan Party each Borrower hereby irrevocably authorizes the Lender Administrative Agent to date with such date (if undated) and file with the appropriate Authority at such time as the Lender Administrative Agent in its sole discretion (with the consent of the Requisite Banks, as and absolute discretion if required) may elect. Within thirty (30) days after service of process, each Loan Party Borrower agrees to appear or answer any summons or complaint of the LenderBanks, or the Administrative Agent (on behalf of the Banks), and should that Loan Party such Borrower fail to appear or answer within said thirty-day period, that Loan Party such Borrower shall be deemed in default under that action and judgment may be requested by the Lender Administrative Agent and entered in favor of the Lender Banks against that Loan Party such Borrower for the relief demanded in any complaint so served. Each Loan Party Borrower acknowledges and agrees that a final judgment in any such action, suit or proceeding shall be conclusive and binding upon that Loan Party such Borrower and may be enforced against that Loan Party such Borrower or any of its assets or properties in any other appropriate jurisdiction selected by the Lender (Administrative Agent in its sole discretion (with the consent of the Requisite Banks, as and absolute discretionif required) by an action, suit or proceeding in such other jurisdiction. To the extent that that Loan Party any Borrower may be entitled to immunity (whether by reason of sovereignty sovereigns or otherwise) from suit in any jurisdiction, from the jurisdiction of any court or from any other legal process, each Loan Party Borrower hereby expressly and irrevocably waives such immunity.

Consent to Jurisdiction, Waiver of Personal Service, Etc. Each Loan Party The Borrower hereby consents and agrees that the Supreme Court of the State of New York for the County of Westchester New York and the United States District Court for the Southern South-ern District of New York (Westchester Division) each shall have personal jurisdiction and proper venue with respect to any dispute between the Lender Bank and the Loan Party Borrower under any Loan Instrument; provided that the foregoing fore-going consent shall not deprive the Lender Bank of the right in its sole and absolute discretion to voluntarily commence or participate in any action, suit or proceeding in any other court SPAR ESOP Revolving Credit Agreement having jurisdiction and venue over any Loan Partythe Borrower. In any dispute with the LenderBank, no Loan Party the Borrower will not raise, and each Loan Party the Borrower hereby expressly waives, any objection or defense to any such jurisdiction juris-diction as an inconvenient forum. Without in any way limiting the preceding consents to jurisdiction and venue, the parties agree intend (among other things) to submit to thereby avail themselves of the jurisdiction benefit of such New York courts in accordance with Section 5-1402 of the General Obligations Law of the State of New York or any corresponding or succeeding provisions thereofYork. Each Loan Party The Borrower hereby expressly waives personal service of any summons, complaint or other process, which may be delivered by any of the means permitted for notices under Section 9.01 hereofthis Agreement, the Note or any other Loan Instrument. In addition to (and without limitation of) of any such delivery or any other delivery permitted under Applicable Lawdelivery), each Loan Party agrees to execute an deliver the Borrower has executed and delivered to the Lender Bank a Designation of Agent for Service appointing CT CORPORATION SYSTEM Corporation System, 0000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000 as the Borrower's agent of the Loan Party for service in the State of New York, which the Loan Party Borrower hereby irrevocably authorizes autho-rizes the Lender Bank to date with such date (if undated) and file with the appropriate Authority at such time as the Lender Bank in its sole and absolute discretion may elect. Within thirty (30) days after service of process, each Loan Party agrees to appear or answer any summons or complaint of the Lender, and should that Loan Party fail to appear or answer within said thirty-day period, that Loan Party shall be deemed in default under that action and judgment may be requested by the Lender and entered in favor of the Lender against that Loan Party for the relief demanded in any complaint so served. Each Loan Party The Borrower acknowledges and agrees that a final judgment in any such action, suit or proceeding shall be conclusive and binding upon that Loan Party the Borrower and may be enforced against that Loan Party the Borrower or any of its his assets or properties in any other appropriate jurisdiction selected by the Lender Bank (in its sole and absolute discretion) by an action, suit or proceeding in such other jurisdiction. To the extent that that Loan Party the Borrower may be entitled to immunity (whether by reason of sovereignty or otherwise) from suit in any jurisdiction, from the jurisdiction of any court or from any other legal process, each Loan Party the Borrower hereby irrevocably and expressly waives such immunity.