Common use of Governing Law; Choice of Forum; Consent to Service of Process and Jurisdiction; Waiver of Trial by Jury Clause in Contracts

Governing Law; Choice of Forum; Consent to Service of Process and Jurisdiction; Waiver of Trial by Jury. This Agreement shall be governed by, and construed in accordance with, the substantive and procedural laws of the State of New York. Guarantor irrevocably (a) agrees that any suit, action or other legal proceeding arising out of or relating to this Agreement, the Note or the other Loan Documents may be brought in (i) the courts of the United States of America located in the Southern District of New York or the District where any Property is located or (ii) in the state courts of the State and County of New York or the state courts of the State and County where any Property is located, (b) consents to the jurisdiction of each such court in any such suit, action or proceeding and (c) waives any objection which it may have to the laying of venue of any such suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. Guarantor irrevocably consents to the service of any and all process in any such suit, action or proceeding by service of copies of such process to Guarantor at its address provided in Section 16 hereof, as the same may be changed pursuant to Section 16 hereof. Nothing in this Section 19, however, shall affect the right of Agent to serve legal process in any other manner permitted by law or affect the right of Agent to bring any suit, action or proceeding against Guarantor or its property in the courts of any other jurisdiction. EACH OF GUARANTOR AND LENDER (BY ITS ACCEPTANCE OF THIS AGREEMENT) HEREBY WAIVES, AND AGENT, BY ACCEPTANCE OF THIS AGREEMENT HEREBY WAIVES TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING BROUGHT IN CONNECTION WITH THIS AGREEMENT, WHICH WAIVER IS INFORMED AND VOLUNTARY.

Governing Law; Choice of Forum; Consent to Service of Process and Jurisdiction; Waiver of Trial by Jury. This Agreement shall The Loan Documents, to the extent (and only to the extent) that they involve the creation, perfection, validity and enforcement of Liens against the Collateral are intended to be governed by, and construed in accordance with, by the substantive and procedural laws of the State of New YorkTexas. Guarantor irrevocably (a) agrees that any This Loan Agreement, the other Loan Documents and all aspects of the lending transaction contemplated herein and evidenced by the Loan Documents shall be governed by the laws of the State of Texas or the laws of the United States, as applicable. Any suit, action or other legal proceeding arising out of or relating against Borrower with respect to this Loan Agreement, the Note or the other Loan Documents or any judgment entered by any court in respect thereof, may be brought in (i) the courts of the State of Texas or in the United States of America Courts located in the Southern Northern District of New York or the District where any Property is located or (ii) Texas as Lender in the state courts of the State its sole discretion may elect, and County of New York or the state courts of the State and County where any Property is located, (b) consents Borrower hereby submits to the non-exclusive jurisdiction of each such court in courts for the purpose of any such suit, action or proceeding. Borrower hereby irrevocably consents to the service of process in any suit, action or proceeding and (c) in said court by the mailing thereof by Lender by registered or certified mail, postage prepaid, to Xxxxxxxx’s address set forth in Section 9.01 hereof. Borrower hereby irrevocably waives any objection objections which it may now or hereafter have to the laying of venue of any such suit, action or proceeding arising out of or relating to this Loan Agreement, the Note or any other Loan Document brought in any the courts located in the State of such courts Texas, County of Dallas, and hereby further irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Guarantor irrevocably consents to the service of any and all process in any such suit, action or proceeding by service of copies of such process to Guarantor at its address provided in Section 16 hereof, as the same may be changed pursuant to Section 16 hereof. Nothing in this Section 19, however, shall affect the right of Agent to serve legal process in any other manner permitted by law or affect the right of Agent to bring any suit, action or proceeding against Guarantor or its property in the courts of any other jurisdiction. XXXXXXXX AND XXXXXX EACH OF GUARANTOR AND LENDER (BY ITS ACCEPTANCE OF THIS AGREEMENT) HEREBY WAIVES, AND AGENT, BY ACCEPTANCE OF THIS AGREEMENT HEREBY WAIVES WAIVE TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING BROUGHT IN CONNECTION WITH THIS LOAN AGREEMENT, THE NOTE OR ANY OF THE OTHER LOAN DOCUMENTS, WHICH WAIVER IS INFORMED AND VOLUNTARY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BORROWER HEREBY WAIVES ANY AND ALL RIGHTS TO REQUIRE MARSHALING OF ASSETS BY XXXXXX, WITH RESPECT TO THEIR RESPECTIVE RIGHTS UNDER THE LOAN DOCUMENTS OR OTHERWISE.

Governing Law; Choice of Forum; Consent to Service of Process and Jurisdiction; Waiver of Trial by Jury. This Agreement Indemnity shall be governed by, and construed in accordance with, the substantive and procedural laws of the State of New York. Guarantor Each of Indemnitor and Agent (by its acceptance of this Indemnity) irrevocably (a) agrees that any suit, action or other legal proceeding arising out of or relating to this AgreementIndemnity, the Note or the other Loan Documents may be brought in (i) the courts of the United States of America located in the Southern District of New York or the District where any Property is located or (ii) in the state courts of the State and County of New York or the state courts of the State and County where any Property is located, (b) consents to the jurisdiction of each such court in any such suit, action or proceeding and (c) waives any objection which it may have to the laying of venue of any such suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. Guarantor Indemnitor irrevocably consents to the service of any and all process in any such suit, action or proceeding by service of copies of such process to Guarantor Indemnitor at its address provided in Section 16 17 hereof, as the same may be changed pursuant to Section 16 17 hereof. Nothing in this Section 1920, however, shall affect the right of Agent to serve legal process in any other manner permitted by law or affect the right of Agent to bring any suit, action or proceeding against Guarantor Indemnitor or its property in the courts of any other jurisdiction. EACH OF GUARANTOR INDEMNITOR AND LENDER AGENT (BY ITS ACCEPTANCE OF THIS AGREEMENTINDEMNITY) HEREBY WAIVES, AND AGENT, BY ACCEPTANCE OF THIS AGREEMENT INDEMNITY, HEREBY WAIVES TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING BROUGHT IN CONNECTION WITH THIS AGREEMENTINDEMNITY, WHICH WAIVER IS INFORMED AND VOLUNTARY.

Governing Law; Choice of Forum; Consent to Service of Process and Jurisdiction; Waiver of Trial by Jury. This Agreement Guaranty shall be governed by, and construed in accordance with, the substantive and procedural laws of the State of New York. Guarantor irrevocably (a) agrees that any suit, action or other legal proceeding arising out of or relating to this AgreementGuaranty, the Note or the other Loan Documents may be brought in (i) the courts of the United States of America located in the Southern District of New York or the District where any Property is located or (ii) in the state courts of the State and County of New York or the state courts of the State and County where any Property is located, (b) consents to the jurisdiction of each such court in any such suit, action or proceeding and (c) waives any objection which it may have to the laying of venue of any such suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. Guarantor irrevocably consents to the service of any and all process in any such suit, action or proceeding by service of copies of such process to Guarantor at its address provided in Section 16 11 hereof, as the same may be changed pursuant to Section 16 11 hereof. Nothing in this Section 19, 14 however, shall affect the right of Agent to serve legal process in any other manner permitted by law or affect the right of Agent to bring any suit, action or proceeding against Guarantor or its property in the courts of any other jurisdiction. EACH OF GUARANTOR AND LENDER (BY ITS ACCEPTANCE OF THIS AGREEMENTGUARANTY) HEREBY WAIVES, AND AGENT, BY ACCEPTANCE OF THIS AGREEMENT GUARANTY, HEREBY WAIVES TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING BROUGHT IN CONNECTION WITH THIS AGREEMENTGUARANTY, THE NOTE OR ANY OF THE OTHER LOAN DOCUMENTS, WHICH WAIVER IS INFORMED AND VOLUNTARY.

Governing Law; Choice of Forum; Consent to Service of Process and Jurisdiction; Waiver of Trial by Jury. This Agreement Assignment shall be governed by, and construed in accordance with, the substantive and procedural laws of the State of New York. Guarantor Assignor irrevocably (a) agrees that any suit, action or other legal proceeding arising out of or relating to this AgreementAssignment, the Note or the other Loan Documents may be brought in (i) the courts of the United States of America located in the Southern District of New York or the District where any Property is located or (ii) in the state courts of the State and County of New York or the state courts of the State States and County Counties where any Property is of the Properties are located, (b) consents to the jurisdiction of each such court in any such suit, action or proceeding and (c) waives any objection which it may have to the laying of venue of any such suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. Guarantor Assignor irrevocably consents to the service of any and all process in any such suit, action or proceeding by service of copies of such process to Guarantor Assignor at its address provided in Section 16 hereof12.12 of the Loan Agreement, as the same may be changed pursuant to Section 16 hereof12.12 of the Loan Agreement. Nothing in this Section 1921, however, shall affect the right of Agent Assignee to serve legal process in any other manner permitted by law or affect the right of Agent Assignee to bring any suit, action or proceeding against Guarantor Assignor or its property in the courts of any other jurisdiction. EACH OF GUARANTOR ASSIGNOR HEREBY WAIVES AND LENDER (ASSIGNEE, BY ITS ACCEPTANCE OF THIS AGREEMENT) HEREBY WAIVESASSIGNMENT, AND AGENT, BY ACCEPTANCE OF THIS AGREEMENT HEREBY WAIVES TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING BROUGHT IN CONNECTION WITH THIS AGREEMENTASSIGNMENT, THE NOTE OR ANY OF THE OTHER LOAN DOCUMENTS, WHICH WAIVER IS INFORMED AND VOLUNTARY.

Governing Law; Choice of Forum; Consent to Service of Process and Jurisdiction; Waiver of Trial by Jury. This Except as expressly provided in the Mortgage, this Loan Agreement and the other Loan Documents shall be governed by, and construed in accordance with, the substantive and procedural laws of the State of New YorkYork except as otherwise provided herein. Guarantor Obligor irrevocably (a) agrees that any suit, action or other legal proceeding arising out of or relating to this Loan Agreement, the Note or the other Loan Documents may be brought in (i) the courts Courts of the United States of America located in the Southern District of New York or the District where any Property is located or (ii) in the state courts of the State and County of New York or the state courts of the State and County where any Property is locatedYork, (b) consents to the jurisdiction of each such court in any such suit, action or proceeding and (c) waives any objection which it may have to the laying of venue of any such suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. Guarantor Obligor irrevocably consents to the service of any and all process in any such suit, action or proceeding by service of copies of such process to Guarantor Obligor at its address provided in Section 16 11.1 hereof, as the same may be changed pursuant to Section 16 11.1 hereof. Nothing in this Section 1911.8, however, shall affect the right of Agent to serve legal process in any other manner permitted by law or affect the right of Agent to bring any suit, action or proceeding against Guarantor Obligor or its property in the courts of any other jurisdiction. EACH OF GUARANTOR BORROWER, AGENT AND LENDER (BY ITS ACCEPTANCE OF THIS AGREEMENT) LENDERS HEREBY WAIVES, AND AGENT, BY ACCEPTANCE OF THIS AGREEMENT HEREBY WAIVES WAIVE TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING BROUGHT IN CONNECTION WITH THIS LOAN AGREEMENT, THE NOTE OR ANY OF THE OTHER LOAN DOCUMENTS, WHICH WAIVER IS INFORMED AND VOLUNTARY.

Governing Law; Choice of Forum; Consent to Service of Process and Jurisdiction; Waiver of Trial by Jury. This Agreement shall be governed by, and construed in accordance with, the substantive and procedural laws of the State of New York. Guarantor Recourse Liability Parties irrevocably (a) agrees agree that any suit, action or other legal proceeding arising out of or relating to this Agreement, the Note or the other Loan Documents may be brought in (i) the courts of the United States of America located in the Southern District of New York or the District where any Property is the Premises are located or (ii) in the state courts of the State and County of New York or the state courts of the State and County where any Property is the Premises are located, (b) consents consent to the jurisdiction of each such court in any such suit, action or proceeding and (c) waives waive any objection which it may have to the laying of venue of any such suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. Guarantor Each Recourse Liability Party irrevocably consents to the service of any and all process in any such suit, action or proceeding by service of copies of such process to Guarantor such Recourse Liability Party at its address provided in Section 16 15 hereof, as the same may be changed pursuant to Section 16 15 hereof. Nothing in this Section 1918, however, shall affect the right of Agent to serve legal process in any other manner permitted by law or affect the right of Agent to bring any suit, action or proceeding against Guarantor any Recourse Liability Party or its property in the courts of any other jurisdiction. EACH OF GUARANTOR AND LENDER (BY ITS ACCEPTANCE OF THIS AGREEMENT) RECOURSE LIABILITY PARTY HEREBY WAIVES, AND AGENT, BY ACCEPTANCE OF THIS AGREEMENT HEREBY WAIVES TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING BROUGHT IN CONNECTION WITH THIS AGREEMENT, WHICH WAIVER IS INFORMED AND VOLUNTARY.

Governing Law; Choice of Forum; Consent to Service of Process and Jurisdiction; Waiver of Trial by Jury. This Agreement shall be governed by, and construed in accordance with, the substantive and procedural laws of the State of New York. Guarantor irrevocably (a) agrees that any suit, action or other legal proceeding arising out of or relating to this Agreement, the Note or the other Loan Documents may be brought in (i) the courts of the United States of America located in the Southern District of New York or the District where any Property is located or (ii) in the state courts of the State and County of New York or the state courts of the State and County where any Property is located, (b) consents to the jurisdiction of each such court in any such suit, action or proceeding and (c) waives any objection which it may have to the laying of venue of any such suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. Guarantor irrevocably consents to the service of any and all process in any such suit, action or proceeding by service of copies of such process to Guarantor at its address provided in Section 16 hereof, as the same may be changed pursuant to Section 16 hereof. Nothing in this Section 19, however, shall affect the right of Agent to serve legal process in any other manner permitted by law or affect the right of Agent to bring any suit, action or proceeding against Guarantor or its property in the courts of any other jurisdiction. EACH OF GUARANTOR AND LENDER (BY ITS ACCEPTANCE OF THIS AGREEMENT) HEREBY WAIVES, AND AGENT, BY ACCEPTANCE OF THIS AGREEMENT HEREBY WAIVES WAIVES, TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING BROUGHT IN CONNECTION WITH THIS AGREEMENT, WHICH WAIVER IS INFORMED AND VOLUNTARY.

Governing Law; Choice of Forum; Consent to Service of Process and Jurisdiction; Waiver of Trial by Jury. This Loan Agreement shall be governed by, and construed in accordance with, the substantive and procedural laws of the State of New York. Guarantor each Borrower Party irrevocably (a) agrees that any suit, action or other legal proceeding arising out of or relating to this Loan Agreement, the Note or the other Loan Documents may be brought in (i) the courts of the United States of America located in the Southern District of New York or the District where any the affected Property is located or (ii) in the state courts of the State and County of New York or the state courts of the State state and County county where any the affected Property is located, (b) consents to the jurisdiction of each such court in any such suit, action or proceeding and (c) waives any objection which it may have to the laying of venue of any such suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. Guarantor Each Borrower Party irrevocably consents to the service of any and all process in any such suit, action or proceeding by service of copies of such process to Guarantor such Borrower Party at its address provided in Section 16 10.1 hereof, as the same may be changed pursuant to Section 16 10.1 hereof. Nothing in this Section 1910.8, however, shall affect the right of Agent to serve legal process in any other manner permitted by law or affect the right of Agent to bring any suit, action or proceeding against Guarantor any Borrower Party or its property in the courts of any other jurisdiction. EACH OF GUARANTOR BORROWER PARTY, AGENT AND LENDER (BY ITS ACCEPTANCE OF THIS AGREEMENT) LENDERS HEREBY WAIVES, AND AGENT, BY ACCEPTANCE OF THIS AGREEMENT HEREBY WAIVES WAIVE TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING BROUGHT IN CONNECTION WITH THIS LOAN AGREEMENT, THE NOTE OR ANY OF THE OTHER LOAN DOCUMENTS, WHICH WAIVER IS INFORMED AND VOLUNTARY.

Governing Law; Choice of Forum; Consent to Service of Process and Jurisdiction; Waiver of Trial by Jury. This Agreement Indemnity shall be governed by, and construed in accordance with, the substantive and procedural laws of the State of New York. Guarantor Indemnitors irrevocably (a) agrees agree that any suit, action or other legal proceeding arising out of or relating to this AgreementIndemnity, the Note or the other Loan Documents may be brought in (i) the courts of the United States of America located in the Southern District of New York or the District where any Property is the Premises are located or (ii) in the state courts of the State and County of New York or the state courts of the State and County where any Property is the Premises are located, (b) consents consent to the jurisdiction of each such court in any such suit, action or proceeding and (c) waives waive any objection which it may have to the laying of venue of any such suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. Guarantor Indemnitors irrevocably consents consent to the service of any and all process in any such suit, action or proceeding by service of copies of such process to Guarantor Indemnitors at its their address provided in Section 16 hereof, as the same may be changed pursuant to Section 16 hereof. Nothing in this Section 19, however, shall affect the right of Agent to serve legal process in any other manner permitted by law or affect the right of Agent to bring any suit, action or proceeding against Guarantor any Indemnitor or its property in the courts of any other jurisdiction. EACH OF GUARANTOR AND LENDER (BY ITS ACCEPTANCE OF THIS AGREEMENT) INDEMNITORS HEREBY WAIVESWAIVE, AND AGENT, BY ACCEPTANCE OF THIS AGREEMENT INDEMNITY, HEREBY WAIVES TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING BROUGHT IN CONNECTION WITH THIS AGREEMENTINDEMNITY, WHICH WAIVER IS INFORMED AND VOLUNTARY.

Governing Law; Choice of Forum; Consent to Service of Process and Jurisdiction; Waiver of Trial by Jury. This Agreement shall be governed by, and construed in accordance with, the substantive and procedural laws of the State of New York. Guarantor Recourse Liability Party irrevocably (a) agrees that any suit, action or other legal proceeding arising out of or relating to this Agreement, the Note or the other Loan Documents may be brought in (i) the courts of the United States of America located in the Southern District of New York or the District where any the Property is located or (ii) in the state courts of the State and County of New York or the state courts of the State and County where any the Property is located, (b) consents to the jurisdiction of each such 62362452 court in any such suit, action or proceeding and (c) waives any objection which it may have to the laying of venue of any such suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. Guarantor Each Recourse Liability Party irrevocably consents to the service of any and all process in any such suit, action or proceeding by service of copies of such process to Guarantor such Recourse Liability Party at its address provided in Section 16 15 hereof, as the same may be changed pursuant to Section 16 15 hereof. Nothing in this Section 1918, however, shall affect the right of Agent to serve legal process in any other manner permitted by law or affect the right of Agent to bring any suit, action or proceeding against Guarantor Recourse Liability Party or its property in the courts of any other jurisdiction. EACH OF GUARANTOR AND LENDER (BY ITS ACCEPTANCE OF THIS AGREEMENT) RECOURSE LIABILITY PARTY HEREBY WAIVES, AND AGENT, BY ACCEPTANCE OF THIS AGREEMENT HEREBY WAIVES TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING BROUGHT IN CONNECTION WITH THIS AGREEMENT, WHICH WAIVER IS INFORMED AND VOLUNTARY.

Governing Law; Choice of Forum; Consent to Service of Process and Jurisdiction; Waiver of Trial by Jury. This Agreement Indemnity shall be governed by, and construed in accordance with, the substantive and procedural laws of the State of New York. Guarantor Indemnitor irrevocably (a) agrees that any suit, action or other legal proceeding arising out of or relating to this AgreementIndemnity, the Note or the other Loan Documents may be brought in (i) the courts of the United States of America located in the Southern District of New York or the District where any the Property is located or (ii) in the state courts of the State and County of New York or the state courts of the State and County where any the Property is located, (b) consents to the jurisdiction of each such court in any such suit, action or proceeding and (c) waives any objection which it may have to the laying of venue of any such suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. Guarantor Indemnitor irrevocably consents to the service of any and all process in any such suit, action or proceeding by service of copies of such process to Guarantor Indemnitor at its address provided in Section 16 hereof, as the same may be changed pursuant to Section 16 hereof. Nothing in this Section 19, however, shall affect the right of Agent to serve legal process in any other manner permitted by law or affect the right of Agent to bring any suit, action or proceeding against Guarantor Indemnitor or its property in the courts of any other jurisdiction. EACH OF GUARANTOR AND LENDER (BY ITS ACCEPTANCE OF THIS AGREEMENT) INDEMNITOR HEREBY WAIVES, AND AGENT, BY ACCEPTANCE OF THIS AGREEMENT INDEMNITY, HEREBY WAIVES TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING BROUGHT IN CONNECTION WITH THIS AGREEMENTINDEMNITY, WHICH WAIVER IS INFORMED AND VOLUNTARY.