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 without regard to the principles of conflict of laws, and Bank 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) Applicant agrees that all actions and proceedings relating directly or indirectly to this Agreement shall be litigated only in courts located within the State of New York or elsewhere as Bank may select and that such courts are convenient forums therefor and submits to the personal jurisdiction of such courts. (c) Applicant waives personal service of process upon it and consents that any such service of process may be made by certified or registered mail, return receipt requested, directed to Applicant at its address last specified for notices hereunder, and service so made shall be deemed completed five (5) days after the same shall have been so mailed. (d) Applicant and Bank waive the right to trial by jury in any action or proceeding between them based upon, arising out of or any 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 Agreement or any of the Obligations any offsets or counterclaims which it may have.

Appears in 1 contract

Samples: Revolving Credit Agreement (Alliance Capital Management Lp)

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Governing Law; Jurisdiction; Certain Waivers. (a) a. This Agreement agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of New York without regard to the principles of conflict of lawsYork, and Bank GMAC 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) Applicant b. Obligor 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 Bank GMAC may select and that such courts are convenient forums therefor and submits to the personal jurisdiction of such courts. (c) Applicant c. Obligor 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 Applicant Obligor at its address last specified for notices hereunder, and service so made shall be deemed completed five (5) two days after the same shall have been so mailed. (d) Applicant and Bank waive d. Obligor waives the right to a trial by jury in any action or proceeding between them based upon, arising out of or any way connected to this Agreement, the Credit or any transaction contemplated hereby. (e) Applicant it and GMAC and waives the right to assert in any action or proceeding with regard to this Agreement or any of the Obligations any offsets or counterclaims which it may have. e. GMAC shall not be required to take any steps necessary to preserve rights against prior parties.

Appears in 1 contract

Samples: Assumption Agreement (Jaco Electronics 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 York without regard to the principles of conflict of lawsYork, and Bank Lender 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) Applicant b. Obligor 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 within in the State of New York or elsewhere as Bank Lender may select and that such courts are convenient forums therefor and submits to the personal jurisdiction of such courts. (c) Applicant c. Obligor 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 Applicant Obligor at its address last specified for notices hereunder, and service so made shall be deemed completed five (5) two days after the same shall have been so mailed. (d) Applicant and Bank waive d. Obligor waives the right to a trial by jury in any action or proceeding between them based upon, arising out of or any way connected to this Agreement, the Credit or any transaction contemplated hereby. (e) Applicant it and 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. 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)

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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 York without regard to the principles of conflict of lawsYork, and Bank each Lender shall have the rights and remedies of a secured party under applicable law, including but not limited to the Uniform Commercial Code of New YorkUCC. (b) Applicant b. Obligor 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 within in the State of New York or elsewhere as Bank such Lender may select and that such courts are convenient forums therefor and submits to the personal jurisdiction of such courts. (c) Applicant c. Obligor 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 Applicant Obligor at its address last specified for notices hereunder, and service so made shall be deemed completed five (5) two days after the same shall have been so mailed. (d) Applicant and Bank waive d. Obligor waives the right to a trial by jury in any action or proceeding between them based upon, arising out of or it and any way connected to this Agreement, the Credit or any transaction contemplated hereby. (e) Applicant 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)

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