Governing Law; Jurisdiction; Certain Waivers. a. This Security Agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of New York, and each Lender shall have the rights and remedies of a secured party under applicable law, including but not limited to the UCC. b. Obligor agrees that all actions and proceedings relating directly or indirectly to this Security Agreement or any other Obligations shall be litigated in courts located in the State of New York or elsewhere as such Lender 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. d. Obligor waives the right to a trial by jury in any action or proceeding between it and any Lender and waives the right to assert in any action or proceeding with regard to this Security Agreement or any of the Obligations any offsets or counterclaims which it may have. e. No Lender shall be required to take any steps necessary to preserve rights against prior parties.
Appears in 1 contract
Samples: Security Agreement (Change Technology Partners Inc)
Governing Law; Jurisdiction; Certain Waivers. a. This Security Agreement agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of New York, and each Lender GMAC shall have the rights and remedies of a secured party under applicable law, including but not limited to the UCCUniform Commercial Code of New York.
b. Obligor agrees that all actions and proceedings relating directly or indirectly to this Security Agreement or any of the other Obligations shall be litigated in courts located in within the State of New York or elsewhere as such Lender GMAC 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.
d. Obligor waives the right to a trial by jury in any action or proceeding between it and any Lender GMAC and waives the right to assert in any action or proceeding with regard to this Security Agreement or any of the Obligations any offsets or counterclaims which it may have.
e. No Lender GMAC shall not be required to take any steps necessary to preserve rights against prior parties.
Appears in 1 contract
Governing Law; Jurisdiction; Certain Waivers. a. This Security Agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of New York, and each Lender shall have the rights and remedies of a secured party under applicable law, including but not limited to the UCCUniform Commercial Code of New York.
b. Obligor agrees that all actions and proceedings relating directly or indirectly to this Security Agreement or any other Obligations shall be litigated in courts located in the State of New York or elsewhere as such Lender 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.
d. Obligor waives the right to a trial by jury in any action or proceeding between it and any Lender and waives the right to assert in any action or proceeding with regard to this Security Agreement or any of the Obligations any offsets or counterclaims which it may have.
e. No Lender shall not be required to take any steps necessary to preserve rights against prior parties.
Appears in 1 contract
Samples: Security Agreement (Change Technology Partners Inc)
Governing Law; Jurisdiction; Certain Waivers. a. (a) This Security Agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of New YorkYork without regard to the principles of conflict of laws, and each Lender Bank shall have the rights and remedies of a secured party under applicable law, including but not limited to the UCCUniform Commercial Code of New York.
b. Obligor (b) Applicant agrees that all actions and proceedings relating directly or indirectly to this Security Agreement or any other Obligations shall be litigated only in courts located in within the State of New York or elsewhere as such Lender Bank may select and that such courts are convenient forums therefor and submits to the personal jurisdiction of such courts.
c. Obligor (c) 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 five (5) days after the same shall have been so mailed.
d. Obligor waives (d) Applicant and Bank waive the right to a trial by jury in any action or proceeding between it and them based upon, arising out of or any Lender and way connected to this Agreement, the Credit or any transaction contemplated hereby.
(e) Applicant waives the right to assert in any action or proceeding with regard to this Security Agreement or any of the Obligations any offsets or counterclaims which it may have.
e. No Lender shall be required to take any steps necessary to preserve rights against prior parties.
Appears in 1 contract
Samples: Revolving Credit Agreement (Alliance Capital Management Lp)