Common use of Governing Law; Jurisdiction; Jury Trial Waiver Clause in Contracts

Governing Law; Jurisdiction; Jury Trial Waiver. This Agreement and the Note shall be governed by and construed in accordance with the laws of the State of New York. Each party to this Agreement and the Note hereby irrevocably and unconditionally, with respect to any matter or dispute arising under, or in connection with, this Agreement and the Note: (i) submits for itself and its property in any legal action or proceeding relating to this Agreement or the Note, as applicable, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York in the County of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof (and covenants not to commence any legal action or proceeding in any other venue or jurisdiction), (ii) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (iii) agrees that (a) service of process in any such action will be in accordance with the laws of the State of New York (and with respect to VML, that service of process upon Virgin Management USA, Inc., in accordance with the laws of the State of New York shall be effective service of process upon VML) and (b) delivery of service of process pursuant to Section 10 shall be effective service of process; (iv) waives in connection with any such action any and all rights to a jury trial; and (v) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law.

Appears in 3 contracts

Samples: Note Purchase Agreement (Virgin America Inc.), Note Purchase Agreement (Virgin America Inc.), Note Purchase Agreement (Virgin America Inc.)

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Governing Law; Jurisdiction; Jury Trial Waiver. This Agreement and the Note shall be governed by and construed in accordance with the laws of the State of New York. Each party to this Agreement and the Note hereby irrevocably and unconditionally, with respect to any matter or dispute arising under, or in connection with, this Agreement and the NoteAgreement: (i) submits for itself and its property in any legal action or proceeding relating to this Agreement or the Note, as applicableAgreement, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York in the County of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof (and covenants not to commence any legal action or proceeding in any other venue or jurisdiction), (ii) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (iii) agrees that (a) service of process in any such action will be in accordance with the laws of the State of New York (and with respect to VMLVHL, that service of process upon Virgin Management USA, Inc., Inc. in accordance with the laws of the State of New York shall be effective service of process upon VML) and (b) delivery of service of process pursuant to Section 10 shall be effective service of processVHL); (iv) waives in connection with any such action any and all rights to a jury trial; and (v) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law.

Appears in 3 contracts

Samples: Letter of Credit Reimbursement Agreement (Virgin America Inc.), Letter of Credit Reimbursement Agreement (Virgin America Inc.), Letter of Credit Reimbursement Agreement (Virgin America Inc.)

Governing Law; Jurisdiction; Jury Trial Waiver. This Agreement and the Note Notes shall be governed by and construed in accordance with the laws of the State of New York. Each party to this Agreement and the Note Notes hereby irrevocably and unconditionally, with respect to any matter or dispute arising under, or in connection with, this Agreement and the NoteNotes: (i) submits for itself and its property in any legal action or proceeding relating to this Agreement or the NoteNotes, as applicable, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York in the County of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof (and covenants not to commence any legal action or proceeding in any other venue or jurisdiction), (ii) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (iii) agrees that (a) service of process in any such action will be in accordance with the laws of the State of New York (and (x) with respect to VML, that service of process upon Virgin Management USA, Inc., in accordance with the laws of the State of New York shall be effective service of process upon VML, and (y) with respect to any Cyrus Party, that service of process upon Cyrus Capital Partners, L.P., in accordance with the laws of the State of New York shall be effective service of process upon such Cyrus Party) and (b) delivery of service of process pursuant to Section 10 shall be effective service of process; (iv) waives in connection with any such action any and all rights to a jury trial; and (v) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law.

Appears in 2 contracts

Samples: Fifth Note Purchase Agreement (Virgin America Inc.), Fourth Note Purchase Agreement (Virgin America Inc.)

Governing Law; Jurisdiction; Jury Trial Waiver. This Agreement and the Note Notes shall be governed by and construed in accordance with the laws of the State of New York. Each party to this Agreement and the Note Notes hereby irrevocably and unconditionally, with respect to any matter or dispute arising under, or in connection with, this Agreement and the NoteNotes: (i) submits for itself and its property in any legal action or proceeding relating to this Agreement or the NoteNotes, as applicable, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York in the County of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof (and covenants not to commence any legal action or proceeding in any other venue or jurisdiction), (ii) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (iii) agrees that (a) service of process in any such action will be in accordance with the laws of the State of New York (and (x) with respect to VMLVML or VAHG, that service of process upon Virgin Management USA, Inc., in accordance with the laws of the State of New York shall be effective service of process upon VMLVML or VAHG, and (y) with respect to any Cyrus Party, that service of process upon Cyrus Capital Partners, L.P., in accordance with the laws of the State of New York shall be effective service of process upon such Cyrus Party) and (b) delivery of service of process pursuant to Section 10 shall be effective service of process; (iv) waives in connection with any such action any and all rights to a jury trial; and (v) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law.

Appears in 1 contract

Samples: Third Note Purchase Agreement (Virgin America Inc.)

Governing Law; Jurisdiction; Jury Trial Waiver. This Agreement and the Note Notes shall be governed by and construed in accordance with the laws of the State of New York. Each party to this Agreement and the Note Notes hereby irrevocably and unconditionally, with respect to any matter or dispute arising under, or in connection with, this Agreement and the NoteNotes: (i) submits for itself and its property in any legal action or proceeding relating to this Agreement or the NoteNotes, as applicable, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York in the County of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof (and covenants not to commence any legal action or proceeding in any other venue or jurisdiction), (ii) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (iii) agrees that (a) service of process in any such action will be in accordance with the laws of the State of New York (and (x) with respect to VMLVML and VAHG, that service of process upon Virgin Management USA, Inc., in accordance with the laws of the State of New York shall be effective service of process upon VMLVML or VAHG, and (y) with respect to any Cyrus Party, that service of process upon Cyrus Capital Partners, L.P., in accordance with the laws of the State of New York shall be effective service of process upon such Cyrus Party) and (b) delivery of service of process pursuant to Section 10 shall be effective service of process; (iv) waives in connection with any such action any and all rights to a jury trial; and (v) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law.

Appears in 1 contract

Samples: Additional Note Purchase Agreement (Virgin America Inc.)

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Governing Law; Jurisdiction; Jury Trial Waiver. This Agreement and the Note Notes shall be governed by and construed in accordance with the laws of the State of New York. Each party to this Agreement and the Note Notes hereby irrevocably and unconditionally, with respect to any matter or dispute arising under, or in connection with, this Agreement and the NoteNotes: (i) submits for itself and its property in any legal action or proceeding relating to this Agreement or the NoteNotes, as applicable, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York in the County of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof (and covenants not to commence any legal action or proceeding in any other venue or jurisdiction), (ii) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (iii) agrees that (a) service of process in any such action will be in accordance with the laws of the State of New York (and with respect to VMLVML or VAHG, that service of process upon Virgin Management USA, USA Inc., in accordance with the laws of the State of New York shall be effective service of process upon VMLVML or VAHG) and (b) delivery of service of process pursuant to Section 10 shall be effective service of process; (iv) waives in connection with any such action any and all rights to a jury trial; and (v) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law.

Appears in 1 contract

Samples: Note Purchase Agreement (Virgin America Inc.)

Governing Law; Jurisdiction; Jury Trial Waiver. This Agreement and the Note shall be governed by by, and construed and interpreted in accordance with with, the laws law of the State of New York. Each party to this Agreement and the Note The Company hereby irrevocably and unconditionally, with respect to any matter or dispute arising under, or in connection with, this Agreement and the Note: (i) submits for itself and its property in any legal action or proceeding relating to this Agreement or the Note, as applicable, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York in the County of New York, the courts of the United States of America District Court for the Southern District of New York located in the borough of Manhattan in the City of New York, and appellate courts from or, if such court does not have jurisdiction, the Supreme Court of the State of New York, New York County, for the purposes of any thereof (and covenants not suit, action or other proceeding arising out of this Note. The Company hereby further agrees that service of any process, summons, notice or 18 19 document by U.S. registered mail to commence its address set forth in Section 6 shall be effective service of process for any legal action action, suit or proceeding in New York with respect to any other venue or jurisdiction)matters to which it has submitted to jurisdiction as set forth above in the immediately preceding sentence. Each of the parties hereto irrevocably and unconditionally waives, (ii) consents that any such action or proceeding may be brought in such courts and waives to the extent permitted by applicable law, any objection that it may now or hereafter have to the laying of venue of any such action action, suit or proceeding arising out of this Note in any such court (a) the United States District Court for the Southern District of New York or that such action or proceeding was brought in an inconvenient court (b) the Supreme Court of the State of New York, New York County, and hereby further irrevocably and unconditionally waives, to the extent permitted by applicable law, and agrees not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. To the same; (iii) agrees that (a) service of process extent permitted by applicable law, the Company waives the right to trial by jury in any such action will be in accordance with the laws of the State of New York (and with respect to VML, that service of process upon Virgin Management USA, Inc., in accordance with the laws of the State of New York shall be effective service of process upon VML) and (b) delivery of service of process pursuant to Section 10 shall be effective service of process; (iv) waives in connection with any such action any and all rights to a jury trial; and (v) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by lawor proceeding.

Appears in 1 contract

Samples: Weight Watchers International Inc

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