Common use of Court Jurisdiction Clause in Contracts

Court Jurisdiction. 8.13.1 Any dispute, controversy or claim arising out of or relating to this Agreement or any other Finance Document which is expressed to be governed by the law of the State of New York, including a dispute regarding the existence, validity, breach or termination of any such document, shall, at the option of FMO, be brought in the federal courts of the United States, of America located in the Southern District of New York or in any other courts having jurisdiction. The Borrower irrevocably submits for itself and its property, to the non-exclusive jurisdiction of the Supreme Court of the State of New York sitting in New York County and of the United States District Court of the Southern District of New York, and any relevant appellate court, in any action or proceeding arising out of or relating to any Finance Document which is expressed to be governed by the law of the State of New York, or for recognition or enforcement of any judgment, and each party hereto irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in such New York State court, or, to the extent permitted by law, in such Federal Court. Final judgment against, the Borrower in any such action, suit or proceeding shall be conclusive and may be enforced in any other jurisdiction, including the Country, by suit on the judgment, a certified or exemplified copy of which shall be conclusive evidence of the judgment, or in any other manner provided by law. 8.13.2 Nothing in this Section 8.13 shall affect the right of FMO to commence legal proceedings or otherwise xxx the Borrower in the Country or any other appropriate jurisdiction, or concurrently in more than one jurisdiction, or to serve process, pleadings and other legal papers upon the Borrower in any manner authorized by the laws of any such jurisdiction. 8.13.3 The Borrower hereby irrevocably designates, appoints and empowers National Corporate Research, Ltd., with an office at the date hereof at 10 E. 40th Street, 10th floor, Xxx Xxxx, XX 00000, Xxxxxx Xxxxxx, as its authorized agent solely to receive for and on its behalf service of summons or other legal process in any action, suit or proceeding FMO may bring in New York. As long as this Agreement or any other Finance Document (other than any Designated Sales Contract) to which the Borrower is a party remains in force, the Borrower shall maintain a duly appointed and authorized agent to receive for and on their behalf service of any summons, complaint or other legal process in any action, suit or proceeding FMO may bring in New York, with respect to this Agreement or such other Finance Document. The Borrower shall keep the Agent advised of the identity and location of such agent. 8.13.4 The Borrower also irrevocably consents, if for any reason the Borrower’s authorized agent for service of process of summons, complaint and other legal process in any action, suit or proceeding is not present in the State of New York, United States of America, to the service of such papers being made out of those courts by mailing copies of the papers by registered United States air mail, postage prepaid, to the Borrower at its address specified in Section 8.6.2 (

Court Jurisdiction. 8.13.1 Any Except for Disputes which the Lender has referred to arbitration pursuant to Section 8.12 (Arbitration), and without prejudice to the rights of the Lender to commence legal proceedings in any other court having jurisdiction pursuant to sub-Section 8.13.2 of this Section 8.13, any dispute, controversy or claim arising out of or relating to this Agreement or any other Finance Document which is expressed to be governed by the law of the State of New YorkDocument, including a dispute regarding the existence, validity, breach or termination of this Agreement or of any such document, shallof the Finance Documents may, at the option of FMOthe Lender, be brought in the federal courts of the United States, States of America located in the Southern District of New York or in the Supreme Court of the State of New York or in any other courts having jurisdiction. The Borrower irrevocably submits for itself and its property, to the non-exclusive jurisdiction of the Supreme Court of the State of New York sitting in New York County and of the United States District Court of the Southern District of New York, and any relevant appellate court, in any action or proceeding arising out of of, in connection with, or relating to any Finance Document which is expressed to be governed by the law of the State Finance Documents or any of New Yorkthe transactions contemplated thereby, or for recognition or enforcement of any judgment, and each party Party hereto irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in such New York State court, or, or to the extent permitted by law, in such Federal Courtfederal court. Final judgment against, against the Borrower in any such action, suit or proceeding shall be conclusive and may be enforced in any other jurisdiction, including the Country, by suit on the judgment, a certified or exemplified copy of which shall be conclusive evidence of the judgment, or in any other manner provided by law. 8.13.2 Nothing in this Section 8.13 shall affect the right of FMO the Lender to commence legal proceedings or otherwise xxx the Borrower in the Country or any other appropriate jurisdiction, or concurrently in more than one jurisdiction, or to serve process, pleadings and other legal papers upon the Borrower in any manner authorized by the laws of any such jurisdiction. 8.13.3 The Borrower hereby irrevocably designates, appoints and empowers National Corporate Research, Ltd.CT Corporation System, with an office at the date hereof at 10 E. 40th Street, 10th floor000 Xxxxxx Xxxxxx, Xxx Xxxx, XX Xxx Xxxx 00000, Xxxxxx Xxxxxx, as its authorized agent solely to receive for and on its behalf service of summons or other legal process in any action, suit or proceeding FMO the Lender may bring in New York. As long as this Agreement or any other Finance Document (other than any Designated Sales Contract) to which the Borrower is a party remains in force, the Borrower shall maintain a duly appointed and authorized agent to receive for and on their behalf service of any summons, complaint or other legal process in any action, suit or proceeding FMO the Lender may bring in New York, with respect to this Agreement or such that other Finance Document. The Borrower shall keep the Agent Lender advised of the identity and location of such agent. 8.13.4 The Borrower also irrevocably consents, if for any reason the Borrower’s authorized agent for service of process of summons, complaint and other legal process in any action, suit or proceeding is not present in the State of New York, United States of America, to the service of such papers being made out of those courts by mailing copies of the papers by registered United States air mail, postage prepaid, to the Borrower at its address specified in Section 8.6.2 (Address and Delivery). In such a case, the Lender shall also send by facsimile, or have sent by facsimile, a copy of the papers to the Borrower. Service in the manner provided in this Section 8.13 in any action, suit or proceeding will be deemed personal service, will be accepted by the Borrower as such and will be valid and binding upon the Borrower for all purposes of any such action, suit or proceeding. 8.13.5 The Borrower irrevocably waives to the fullest extent permitted by Applicable Law: (a) any objection which it may have now or in the future to the laying of the venue of any action, suit or proceeding in any court referred to in this Section 8.13; and (b) any claim that any such action, suit or proceeding has been brought in an inconvenient forum. 8.13.6 To the extent that the Borrower may be entitled in any jurisdiction to claim for itself or its assets immunity in respect of its obligations under this Agreement or any other Finance Document to which the Borrower is a party from any suit, execution, attachment (whether provisional or final, in aid of execution, before judgment or otherwise) or other legal process or to the extent that in any jurisdiction that immunity (whether or not claimed) may be attributed to it or its assets, the Borrower irrevocably agrees not to claim and irrevocably waives such immunity to the fullest extent permitted now or in the future by the laws of such jurisdiction. 8.13.7 EACH PARTY HERETO WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF, IN CONNECTION WITH OR RELATING TO ANY FINANCE DOCUMENT OR ANY TRANSACTION CONTEMPLATED THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS CLAUSE. 8.13.8 To the extent that the Borrower may, in any suit, action or proceeding brought in any of the courts referred to in sub-Section 8.13.1 or a court of the Country or elsewhere arising out of or in connection with this Agreement or any other Finance Document to which the Borrower is a party, be entitled to the benefit of any provision of law requiring the Lender in such suit, action or proceeding to post security for the costs of the Borrower, or to post a bond or to take similar action (including but not limited to the defense of ‘excepción de arraigo’ under the Civil Procedure Code of Argentina, as amended), the Borrower hereby irrevocably waives such benefit, in each case to the fullest extent now or in the future permitted under the laws of the Country or, as the case may be, the jurisdiction in which such court is located.