Common use of Governing Law; Jurisdiction; Certain Waivers Clause in Contracts

Governing Law; Jurisdiction; Certain Waivers. (a) This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of New York, and BNY shall have the rights and remedies of a secured party under applicable law, including but not limited to the Uniform Commercial Code of New York. (b) OBLIGOR AGREES THAT ALL ACTIONS AND PROCEEDINGS RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT OR ANY OF THE OTHER OBLIGATIONS SHALL BE LITIGATED IN COURTS LOCATED WITHIN THE STATE OF NEW YORK OR ELSEWHERE AS BNY MAY SELECT AND THAT SUCH COURTS ARE CONVENIENT FORUMS AND SUBMITS TO THE PERSONAL JURISDICTION OF SUCH COURTS. (c) Obligor waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, directed to Obligor at its address last specified for notices hereunder, and service so made shall be deemed completed two days after the same shall have been so mailed.

Appears in 3 contracts

Samples: General Security Agreement (Tii Industries Inc), General Security Agreement (Tii Industries Inc), General Security Agreement (Tii Industries Inc)

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Governing Law; Jurisdiction; Certain Waivers. (a) This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of New York, and BNY with respect to all security interests granted in connection herewith, GE Capital shall have the rights and remedies of a secured party under applicable law, including but not limited to the Uniform Commercial Code of New York. This Agreement supplements the Loan Documents, including those provisions relating to Letter of Credit Obligations and, except as expressly provided herein to the contrary, this Agreement does not supersede the Loan Documents. (b) OBLIGOR APPLICANT AGREES THAT ALL ACTIONS AND PROCEEDINGS RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT OR ANY OF THE OTHER OBLIGATIONS SHALL BE LITIGATED ONLY IN COURTS LOCATED WITHIN THE STATE OF NEW YORK OR ELSEWHERE AS BNY MAY SELECT AND THAT SUCH COURTS ARE CONVENIENT FORUMS THEREFOR, AND APPLICANT SUBMITS TO THE PERSONAL JURISDICTION OF SUCH COURTS. (c) Obligor Applicant waives personal service of process upon it and consents that any such service of process upon it may be made by certified or registered mail, return receipt requested, directed to Obligor Applicant at its address last specified for notices hereunder, and service so made shall be deemed completed two (2) days after the same shall have been so mailed.

Appears in 3 contracts

Samples: Credit Agreement (Centerplate, Inc.), Master Agreement for Standby Letters of Credit (Scott Technologies Inc), Credit Agreement (Golfsmith International Holdings Inc)

Governing Law; Jurisdiction; Certain Waivers. (a) This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of New York, and BNY with respect to all security interests granted in connection herewith, GE Capital shall have the rights and remedies of a secured party under applicable law, including but not limited to the Uniform Commercial Code of New York. This Agreement supplements the Letter of Credit Documents, including those provisions relating to Letter of Credit Obligations and, except as expressly provided herein to the contrary, this Agreement does not supersede the Letter of Credit Documents. (b) OBLIGOR APPLICANT AGREES THAT ALL ACTIONS AND PROCEEDINGS RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT OR ANY OF THE OTHER OBLIGATIONS SHALL BE LITIGATED ONLY IN COURTS LOCATED WITHIN THE STATE OF NEW YORK OR ELSEWHERE AS BNY MAY SELECT AND THAT SUCH COURTS ARE CONVENIENT FORUMS THEREFOR, AND APPLICANT SUBMITS TO THE PERSONAL JURISDICTION OF SUCH COURTS. (c) Obligor Applicant waives personal service of process upon it and consents that any such service of process upon it may be made by certified or registered mail, return receipt requested, directed to Obligor Applicant at its address last specified for notices hereunder, and service so made shall be deemed completed two (2) days after the same shall have been so mailed.

Appears in 1 contract

Samples: Letter of Credit Agreement (Labor Ready Inc)

Governing Law; Jurisdiction; Certain Waivers. (a) This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of New York, and BNY with respect to all security interests granted in connection herewith, GE Capital and Issuer shall have the rights and remedies of a secured party under applicable law, including but not limited to the Uniform Commercial Code of New York. This Agreement supplements the Loan Documents, including those provisions relating to Letter of Credit Obligations and, to the extent of any inconsistency with the Loan Documents, this Agreement supersedes the Loan Documents. (b) OBLIGOR APPLICANT AGREES THAT ALL ACTIONS AND PROCEEDINGS RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT OR ANY OF THE OTHER OBLIGATIONS SHALL BE LITIGATED ONLY IN COURTS LOCATED WITHIN THE STATE OF NEW YORK OR ELSEWHERE AS BNY MAY SELECT AND THAT SUCH COURTS ARE CONVENIENT FORUMS THEREFOR, AND APPLICANT SUBMITS TO THE PERSONAL JURISDICTION OF SUCH COURTS. (c) Obligor Applicant waives personal service of process upon it and consents that any such service of process upon it may be made by certified or registered mail, return receipt requested, directed to Obligor Applicant at its address last specified for notices hereunder, and service so made shall be deemed completed two (2) days after the same shall have been so mailed.

Appears in 1 contract

Samples: Master Agreement for Documentary Letters of Credit (Talbots Inc)

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Governing Law; Jurisdiction; Certain Waivers. (a) This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of New York, and BNY with respect to all security interests granted in connection herewith, GE Capital and Issuer shall have the rights and remedies of a secured party under applicable law, including but not limited to the Uniform Commercial Code of New York. (b) OBLIGOR APPLICANT AGREES THAT ALL ACTIONS AND PROCEEDINGS RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT OR ANY OF THE OTHER OBLIGATIONS SHALL BE LITIGATED ONLY IN COURTS LOCATED WITHIN THE STATE OF NEW YORK OR ELSEWHERE AS BNY MAY SELECT AND THAT SUCH COURTS ARE CONVENIENT FORUMS THEREFOR, AND APPLICANT SUBMITS TO THE PERSONAL JURISDICTION OF SUCH COURTS. (c) Obligor Applicant waives personal service of process upon it and consents that any such service of process upon it may be made by certified or registered mail, return receipt requested, directed to Obligor Applicant at its address last specified for notices hereunder, and service so made shall be deemed completed two (2) days after the same shall have been so mailed.

Appears in 1 contract

Samples: Credit Agreement (Golfsmith International Holdings Inc)

Governing Law; Jurisdiction; Certain Waivers. (a) This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of New York, and BNY with respect to all security interests granted in connection herewith, GE Capital shall have the rights and remedies of a secured party under applicable law, including but not limited to the Uniform Commercial Code of New York. This Agreement supplements the Loan Documents, including those provisions relating to Letter of Credit Obligations and, to the extent of any inconsistency with the Loan Documents, this Agreement supersedes the Loan Documents. (b) OBLIGOR APPLICANT AGREES THAT ALL ACTIONS AND PROCEEDINGS RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT OR ANY OF THE OTHER OBLIGATIONS SHALL BE LITIGATED ONLY IN COURTS LOCATED WITHIN THE STATE OF NEW YORK OR ELSEWHERE AS BNY MAY SELECT AND THAT SUCH COURTS ARE CONVENIENT FORUMS THEREFOR, AND APPLICANT SUBMITS TO THE PERSONAL JURISDICTION OF SUCH COURTS. (c) Obligor Applicant waives personal service of process upon it and consents that any such service of process upon it may be made by certified or registered mail, return receipt requested, directed to Obligor Applicant at its address last specified for notices hereunder, and service so made shall be deemed completed two (2) days after the same shall have been so mailed.

Appears in 1 contract

Samples: Master Agreement for Standby Letters of Credit (Talbots Inc)

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