Common use of Governing Law; Choice of Forum; Service of Process Clause in Contracts

Governing Law; Choice of Forum; Service of Process. This Guaranty shall be construed and interpreted in accordance with and shall be governed by the laws of the State of Hawaii. The Banks and the Agents may bring any action or proceeding to enforce this Guaranty, or any action or proceeding arising out of this Guaranty, in any court or courts of the State of Hawaii or the United States District Court for the District of Hawaii. If the Banks and the Agents commence such an action in a court located in the State of Hawaii, or the United States District Court for the District of Hawaii, the Guarantors hereby agree that the Guarantors will submit and does hereby irrevocably submit to the personal jurisdiction of such courts; if served by mail will acknowledge receipt of a copy of the summons and complaint within the statutory time limit and in the manner set forth on the notice and summons; and will not attempt to have such action dismissed, abated, or transferred on the ground of FORUM NON CONVENIENS or similar grounds; provided, however, that nothing contained herein shall prohibit the Guarantors from seeking, by appropriate motion, to remove an action brought in a Hawaii state court to the United States District Court for the District of Hawaii. If such action is so removed, however, the Guarantors shall not seek to transfer such action to any other district nor shall the Guarantors seek to transfer to any other district any action which the Banks and the Agents originally commenced in the United States District Court for the District of Hawaii. Any action or proceeding brought by the Guarantors arising out of this Guaranty shall be brought solely in a court of competent jurisdiction located in the State of Hawaii or in the United States District Court for the District of Hawaii.

Governing Law; Choice of Forum; Service of Process. This Limited Guaranty shall be construed and interpreted in accordance with and shall be governed by the laws of the State of Hawaii. The Banks and the Agents Lender may bring any action or proceeding to enforce this Limited Guaranty, or any action or proceeding arising out of this Limited Guaranty, in any court or courts the Circuit Court of the First Circuit of the State of Hawaii or the United States District Court for the District of Hawaii. If the Banks and the Agents commence Lender commences such an action in a court located in the Circuit Court of the First Circuit of the State of Hawaii, or the United States District Court for the District of Hawaii, the Guarantors Guarantor hereby agree agrees that the Guarantors Guarantor will submit and does hereby irrevocably submit to the personal jurisdiction of such courts; if served by mail certified mail, postage prepaid, return receipt requested, will acknowledge receipt of a copy of the summons and complaint within the statutory time limit and in the manner set forth on the notice and summons; and will not attempt to have such action dismissed, abated, or transferred on the ground of FORUM NON CONVENIENS forum non conveniens or similar grounds; provided, however, that nothing contained herein shall prohibit the Guarantors Guarantor from seeking, by appropriate motion, to remove an action brought in a the Circuit Court of the First Circuit of the State of Hawaii state court to the United States District Court for the District of Hawaii. If such action is so removed, however, the Guarantors Guarantor shall not seek to transfer such action to any other district nor shall the Guarantors Guarantor seek to transfer to any other district any action which the Banks and the Agents Lender originally commenced in the United States District Court for the District of Hawaii. Any action or proceeding brought by the Guarantors Guarantor arising out of this Limited Guaranty shall be brought solely in a court the Circuit Court of competent jurisdiction located in the First Circuit of the State of Hawaii or in the United States District Court for the District of Hawaii.

Governing Law; Choice of Forum; Service of Process. This Guaranty shall be construed and interpreted in accordance with and shall be governed by the laws of the State of Hawaii. The Banks and the Agents Agent may bring any action or proceeding to enforce this Guaranty, or any action or proceeding arising out of this Guaranty, in any court or courts of the State of Hawaii or the United States District Court for the District of Hawaii. If the Banks and the Agents commence Agent commences such an action in a court located in the State of Hawaii, or the United States District Court for the District of Hawaii, the Guarantors Guarantor hereby agree agrees that the Guarantors Guarantor will submit and does hereby irrevocably submit to the personal jurisdiction of such courts; if served by mail will acknowledge receipt of a copy of the summons and complaint within the statutory time limit and in the manner set forth on the notice and summons; and will not attempt to have such action dismissed, abated, or transferred on the ground of FORUM NON CONVENIENS forum non conveniens or similar grounds; provided, however, that nothing contained herein shall prohibit the Guarantors Guarantor from seeking, by appropriate motion, to remove an action brought in a Hawaii state court to the United States District Court for the District of Hawaii. If such action is so removed, however, the Guarantors Guarantor shall not seek to transfer such action to any other district nor shall the Guarantors Guarantor seek to transfer to any other district any action which the Banks and the Agents Agent originally commenced in the United States District Court for the District of Hawaii. Any action or proceeding brought by the Guarantors Guarantor arising out of this Guaranty shall be brought solely in a court of competent jurisdiction located in the State of Hawaii or in the United States District Court for the District of Hawaii.