Governing Law; Jurisdiction; Construction. This Agreement shall be ----------------------------------------- governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to its choice of law provisions. Any judicial proceeding against the Creditor or the Company with respect to any Subordinated Debt and/or the Subordinated Note, any of the Loan Documents or this Agreement may be brought in any federal or state court of competent jurisdiction located in the State of Maryland. By execution and delivery of this Agreement, the Creditor and the Company each (a) accepts the non-exclusive jurisdiction of the aforesaid courts and irrevocably agrees to be bound by any judgment rendered thereby, (b) waives personal service of process, (c) agrees that service of process upon it may be made by certified or registered mail, return receipt requested, pursuant to Section 17 hereof, and (d) waives any objection to jurisdiction and venue of any action instituted hereunder and agrees not to assert any defense based on lack of jurisdiction, venue, convenience or forum non conveniens. Nothing shall affect the right of the Lender to serve process in any manner permitted by law or shall limit the right of the Lender to bring proceedings against the Creditor or Company in the courts of any other jurisdiction having jurisdiction. Any judicial proceedings against the Lender, involving, directly or indirectly, the Subordinated Debt and/or Subordinated Note, Loan Documents, or this Agreement shall be brought only in a federal or state court located in the State of Maryland. Each of the Creditor and the Company acknowledges that it participated in the negotiation and drafting of this Agreement and that, accordingly, it shall not move or petition a court construing this Agreement to construe it more stringently against one party than against any other.
Appears in 1 contract
Samples: Subordination Agreement (Access Worldwide Communications Inc)
Governing Law; Jurisdiction; Construction. This Agreement shall be ----------------------------------------- governed by and construed in accordance with the internal laws of the State of Maryland North Carolina without giving effect to its choice of law provisionsprovisions that would result in the application of the laws of a different jurisdiction. Any judicial proceeding against the Subordinated Creditor or the Company Credit Parties with respect to any Subordinated Debt and/or the Subordinated Note, any of the Loan Documents or this Agreement may be brought in any federal or state court of competent jurisdiction located in the State of MarylandMecklenburg County, North Carolina. By execution and delivery of this Agreement, the Subordinated Creditor and the Company Credit Parties each (a) accepts the non-exclusive jurisdiction of the aforesaid courts and irrevocably agrees to be bound by any judgment rendered thereby, (b) waives personal service of process, (c) agrees that service of process upon it such person may be made by certified or registered mail, return receipt requested, pursuant to Section 17 8 hereof, and (d) waives any objection to jurisdiction and venue of any action instituted hereunder and agrees not to assert any defense based on lack of jurisdiction, venue, convenience or forum non conveniens. Nothing shall affect the right of the Lender or Subordinated Creditor to serve process in any manner permitted by law or shall limit the right of the Lender to bring proceedings against the Subordinated Creditor or Company the Credit Parties in the courts of any other jurisdiction having jurisdiction. Any judicial proceedings against the Each of Lender, involvingSubordinated Creditor, directly or indirectly, the Subordinated Debt and/or Subordinated Note, Loan Documents, or this Agreement shall be brought only in a federal or state court located in the State of Maryland. Each of the Creditor and the Company each Credit Party acknowledges that it they participated in the negotiation and drafting of this Agreement and that, accordingly, it none of them shall not move or petition a court construing this Agreement to construe it more stringently against one party than against any other.
Appears in 1 contract
Samples: Subordination Agreement (Fountain Powerboat Industries Inc)
Governing Law; Jurisdiction; Construction. This Agreement shall be ----------------------------------------- governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to its choice of law provisionsMaryland. Any judicial proceeding against the Subordinated Creditor or the Company either Obligor with respect to any Subordinated Debt and/or the Subordinated Note, any of the Loan Documents or this Agreement may be brought in any federal or state court of competent jurisdiction located in Xxxxxxxxxx County of the State state of Maryland. By execution and delivery of this Agreement, the Subordinated Creditor and the Company each Obligor (a) accepts the non-exclusive jurisdiction of the aforesaid courts and irrevocably agrees to be bound by any judgment rendered thereby, (b) waives personal service of process, (c) agrees that service of process upon it may be made by certified or registered mail, return receipt requested, pursuant to Section 17 8 hereof, and (dc) waives any objection to jurisdiction and venue of any action instituted hereunder and agrees not to assert any defense based on lack of jurisdiction, venue, convenience or forum non conveniens. Nothing shall affect the right of the Senior Lender to serve process in any manner permitted by law or shall limit the right of the Senior Lender to bring proceedings against the Subordinated Creditor or Company either Obligor in the courts of any other jurisdiction having jurisdiction. Any judicial proceedings against the Senior Lender, involving, directly or indirectly, the Subordinated Debt and/or Subordinated Note, Loan Documents, Documents or this Agreement shall be brought only in a federal or state court located in Xxxxxxxxxx County of the State state of Maryland. Each of the The Subordinated Creditor and the Company acknowledges acknowledge that it they participated in the negotiation and drafting of this Agreement and that, accordingly, it none of them shall not move or petition a court construing this Agreement to construe it more stringently against one party than against any other.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (Ibf Vi Guaranteed Income Fund)
Governing Law; Jurisdiction; Construction. This Agreement shall be ----------------------------------------- governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to its choice of law provisionsNew York. Any judicial proceeding against the Subordinated Creditor or the Company any Obligor with respect to any Subordinated Debt and/or the Subordinated Note, any of the Loan Documents or this Agreement may be brought in any federal or state court of competent jurisdiction located in New York County of the State state of MarylandNew York. By execution and delivery of this Agreement, the Subordinated Creditor and the Company each Obligor (a) accepts the non-exclusive jurisdiction of the aforesaid courts and irrevocably agrees to be bound by any judgment rendered thereby, (b) waives personal service of process, (c) agrees that service of process upon it may be made by certified or registered mail, return receipt requested, pursuant to Section 17 10 hereof, and (dc) waives any objection to jurisdiction and venue of any action instituted hereunder and agrees not to assert any defense based on lack of jurisdiction, venue, convenience or forum non conveniens. Nothing shall affect the right of the Lender Senior Creditor to serve process in any manner permitted by law or shall limit the right of the Lender Senior Creditor to bring proceedings against the Subordinated Creditor or Company any Obligor in the courts of any other jurisdiction having jurisdiction. Any judicial proceedings against the LenderSenior Creditor, involving, directly or indirectly, the Subordinated Senior Debt and/or Subordinated Note, Loan Documents, Documents or this Agreement shall be brought only in a federal or state court located in the State of Maryland. Each New York County of the state of New York. Subordinated Creditor and the Company acknowledges acknowledge that it they participated in the negotiation and drafting of this Agreement and that, accordingly, it none of them shall not move or petition a court construing this Agreement to construe it more stringently against one party than against any other.
Appears in 1 contract
Samples: Junior Subordination and Intercreditor Agreement (Ibf Vi Guaranteed Income Fund)