Common use of Forum and Jurisdiction Clause in Contracts

Forum and Jurisdiction. The Company represents and warrants that it is not entitled to immunity from judicial proceedings and, for purposes of any action, suit or other proceeding in respect of, or arising out of or in connection with, this Agreement or any course of conduct, course of dealing, statements or actions of the Company, the Agent or the Lenders related thereto, the Company hereby submits and consents to the jurisdiction of the courts of the State of New York and of the United States District Court for the Southern District of New York, and the Company agrees that any such action, suit or proceeding may be brought by the Agent or the Lenders in the Supreme Court of the State of New York, New York County, or in the United States District Court for the Southern District of New York, and the service of process may be made upon the Company by mailing a copy of the summons and any complaint to the Company by registered mail, at the address specified in Section 12.4. The Company hereby waives and agrees not to assert, by way of motion or otherwise, in any action, suit or proceeding, any claim that it is not personally subject to the jurisdiction of the above-named courts, that the action is brought in an inconvenient forum or that the venue of the action is improper. The Agent and the Lenders, nevertheless, may serve, process or commence any such action, suit or proceeding in such other jurisdiction(s), and in such other manner as may be permitted by applicable law. The methods of service of process specified in this paragraph may be used in the alternative or together as the Agent and the Lenders may see fit.