Common use of Judicial Proceedings; Waiver of Jury Trial Clause in Contracts

Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against the Debtor with respect to any Credit Agreement Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth of Virginia, County of Fairfax, or any Federal court in the Eastern District of Virginia, and, by execution and delivery of this Security Agreement, the Debtor (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof, and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) Business Day after such service is deposited in the mail. Nothing herein shall affect the right of the Agent to serve process in any other manner permitted by law or shall limit the right of the Agent to bring proceedings against the Debtor in the courts of any other jurisdiction. Any judicial proceeding by the Debtor against the Agent relating to or involving any Credit Agreement Related Claim hereby shall be brought only in a court located in the Commonwealth of Virginia, County of Fairfax, or the Federal court in the Eastern District of Virginia. THE DEBTOR AND THE AGENT HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE PARTIES INVOLVING ANY CREDIT AGREEMENT RELATED CLAIM.

Appears in 13 contracts

Samples: Security Agreement (Hagler Bailly Inc), Security Agreement (Hagler Bailly Inc), Security Agreement (Hagler Bailly Inc)

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Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against the Debtor Borrower with respect to any Credit Agreement Loan Document Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth City of Virginia, County of Fairfax, or any Federal court in the Eastern District of VirginiaNew York, and, by execution and delivery of this Security Agreement, the Debtor Borrower (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Loan Document Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Borrower hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof8.01(b), and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) third Business Day after such service is deposited in the mail. Nothing herein shall affect the right of the Agent Administrative Agent, the Issuing Bank, any Bank or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of the Agent Administrative Agent, the Issuing Bank, any Bank or any other Indemnified Person to bring proceedings against the Debtor Borrower in the courts of any other jurisdiction. Any judicial proceeding by the Debtor Borrower against the Agent relating to Administrative Agent, the Issuing Bank or any Bank involving any Credit Agreement Loan Document Related Claim hereby shall be brought only in a court located in the Commonwealth City and State of Virginia, County of Fairfax, or the Federal court in the Eastern District of VirginiaNew York. THE DEBTOR BORROWER, THE ADMINISTRATIVE AGENT, THE ISSUING BANK AND THE AGENT EACH BANK HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE PARTIES INVOLVING ANY CREDIT AGREEMENT LOAN DOCUMENT RELATED CLAIM.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (Xcel Energy Inc), Credit Agreement (Xcel Energy Inc)

Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against the Debtor Company with respect to any Credit Agreement Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth City of Virginia, County of Fairfax, or any Federal court in the Eastern District of VirginiaNew York, and, by execution and delivery of this Security Agreement, the Debtor Company (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Related Claim Claim, and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Company hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof10.7, and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) third Business Day after such service is deposited in the mail. Nothing herein shall affect the right of the Agent Lender or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of the Agent Lender or any other Indemnified Person to bring proceedings against the Debtor Company in the courts of any other jurisdiction. jurisdiction Any judicial proceeding by the Debtor Company against the Agent relating to or Lender involving any Credit Agreement Related Claim hereby shall be brought only in a court located in the Commonwealth City and State of Virginia, County of Fairfax, or the Federal court in the Eastern District of VirginiaNew York. THE DEBTOR AND THE AGENT PARTIES HERETO HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ANY TWO OR MORE OF THEM ARE PARTIES INVOLVING ANY CREDIT AGREEMENT RELATED CLAIM.

Appears in 2 contracts

Samples: Term Loan Agreement (National Consumer Cooperative Bank /Dc/), Term Loan Agreement (National Consumer Cooperative Bank /Dc/)

Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against the Debtor Borrower or any Guarantor with respect to any Credit Agreement Loan Document Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth of Virginia, City and County of Fairfax, or any Federal court in the Eastern District of VirginiaNew York, and, by execution and delivery of this Security Agreement, the Debtor Borrower and each Guarantor (a) accepts, generally and unconditionally, the nonexclusive non-exclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Loan Document Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Borrower and each Guarantor hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof9.01(a)(ii), and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) third Business Day after such service is deposited in the mail. Nothing herein shall affect the right of the Agent Administrative Agent, the Issuing Bank, the Swing Loan Lender, any Bank or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of the Agent Administrative Agent, the Issuing Bank, the Swing Loan Lender, any Bank or any other Indemnified Person to bring proceedings against the Debtor Borrower or any Guarantor in the courts of any other jurisdiction. Any judicial proceeding by the Debtor Borrower or any Guarantor against the Agent relating to Administrative Agent, the Issuing Bank, the Swing Loan Lender, or any Bank involving any Credit Agreement Loan Document Related Claim hereby shall be brought only in a court located in the Commonwealth City and State of Virginia, County of Fairfax, or the Federal court in the Eastern District of VirginiaNew York. THE DEBTOR BORROWER, EACH GUARANTOR, THE AGENT, THE ISSUING BANK, THE SWING LOAN LENDER AND THE AGENT EACH BANK HEREBY UNCONDITIONALLY IRREVOCABLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE PARTIES INVOLVING ANY CREDIT AGREEMENT LOAN DOCUMENT RELATED CLAIM.

Appears in 2 contracts

Samples: Credit Agreement (Garden State Newspapers Inc), Credit Agreement (Garden State Newspapers Inc)

Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against the Debtor Borrower with respect to any Credit Agreement Loan Document Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth City of Virginia, County of Fairfax, or any Federal court in the Eastern District of VirginiaNew York, and, by execution and delivery of this Security Agreement, the Debtor Borrower (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Loan Document Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Borrower hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof9.01(b)(i), and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) third Business Day after such service is deposited in the mail. Nothing herein shall affect the right of the any Agent or Bank or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of the any Agent or Bank or any other Indemnified Person to bring proceedings against the Debtor Borrower in the courts of any other jurisdiction. Any To the extent permitted in accordance with Applicable Law (including Applicable Law relating to jurisdiction and venue), any judicial proceeding by the Debtor Borrower against the Administrative Agent relating to or any Bank involving any Credit Agreement Loan Document Related Claim hereby shall be brought only in a court located in the Commonwealth City and State of Virginia, County of Fairfax, or the Federal court in the Eastern District of VirginiaNew York. THE DEBTOR BORROWER, THE AGENTS AND THE AGENT EACH BANK HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE PARTIES INVOLVING ANY CREDIT AGREEMENT LOAN DOCUMENT RELATED CLAIM.

Appears in 2 contracts

Samples: Credit Agreement (Comcast Cellular Holdings Inc), Credit Agreement (Comcast Cellular Holdings Inc)

Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against the Debtor Guarantor with respect to any Credit Agreement Guarantor Loan Document Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth City of Virginia, County of Fairfax, or any Federal court in the Eastern District of VirginiaNew York, and, by execution and delivery of this Security Agreement, the Debtor Guarantor (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Guarantor Loan Document Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Guarantor hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof3.01(b), and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) fourth Business Day after such Such service is deposited in the mail. Nothing herein shall affect the right of the Agent any Guaranteed Party to serve process in any other manner permitted by law or shall limit the right of the Agent any Guaranteed Party to bring proceedings against the Debtor Guarantor in the courts of any other jurisdiction. Any To the extent permitted in accordance with Applicable Law (including Applicable Law relating to jurisdiction and venue), any judicial proceeding by the Debtor Guarantor against the Administrative Agent relating to or any Bank involving any Credit Agreement Guarantor Loan Document Related Claim hereby shall be brought only in a court located in, in the Commonwealth case of Virginiathe Administrative Agent, County the City and State of FairfaxNew York and, or the Federal court in the Eastern District case of Virginiaa Bank, the jurisdiction in which such Bank's principal United States office is located. THE DEBTOR GUARANTOR, THE ADMINISTRATIVE AGENT AND THE AGENT EACH BANK HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE PARTIES INVOLVING ANY CREDIT AGREEMENT GUARANTOR LOAN DOCUMENT RELATED CLAIM.

Appears in 1 contract

Samples: Credit Agreement (Lin Television Corp)

Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against the Debtor Borrower with respect to any Credit Agreement Loan Document Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth City of Virginia, County of Fairfax, or any Federal court in the Eastern District of VirginiaNew York, and, by execution and delivery of this Security Agreement, the Debtor Borrower (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Loan Document Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Borrower hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof9.01(a)(ii), and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) Business Day after such service is deposited in the mail. Nothing herein shall affect the right of the Agent Agent, the Collateral Agent, any Bank or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of the Agent Agent, the Collateral Agent, any Bank or any other Indemnified Person to bring proceedings against the Debtor Borrower in the courts of any other jurisdiction. Any judicial proceeding by the Debtor Borrower against the Agent, the Collateral Agent relating to or any Bank involving any Credit Agreement Loan Document Related Claim hereby shall be brought only in a court located in the Commonwealth City and State of VirginiaNew York and each Bank (a) accepts, County generally and unconditionally, the jurisdiction of Fairfax, such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Loan Document Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the Federal venue of any such proceeding brought in such a court in the Eastern District of Virginiaor that such court is an inconvenient forum. THE DEBTOR BORROWER, THE AGENT, THE COLLATERAL AGENT, EACH CO-AGENT AND THE AGENT EACH BANK HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE PARTIES INVOLVING ANY CREDIT AGREEMENT LOAN DOCUMENT RELATED CLAIM.

Appears in 1 contract

Samples: Secured Revolving/Term Credit Agreement (Resource Bancshares Mortgage Group Inc)

Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against the Debtor Borrower with respect to any Credit Agreement Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth of Virginiastate or federal courts located in Fairfax County, County of FairfaxVirginia or Alexandria, or any Federal court in the Eastern District of Virginia, and, by execution and delivery of this Security Agreement, the Debtor Borrower (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Borrower hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof9.4 of this Agreement, and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) Business Day after such service is deposited in the mail. Nothing herein shall affect the right of any Lender, the Agent or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of any Lender, the Agent or any other Indemnified Person to bring proceedings against the Debtor Borrower in the courts of any other jurisdiction. Any judicial proceeding by the Debtor against the Agent relating to or involving any Credit Agreement Related Claim hereby shall be brought only in a court located in the Commonwealth of Virginia, County of Fairfax, or the Federal court in the Eastern District of Virginia. THE DEBTOR AND THE AGENT EACH PARTY TO THIS AGREEMENT HEREBY UNCONDITIONALLY WAIVE EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION ARISING UNDER ANY LOAN DOCUMENT, OR THE TRANSACTIONS RELATED THERETO, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER FOUNDED IN CONTRACT OR TORT OR OTHERWISE; AND EACH PARTY HEREBY AGREES AND CONSENTS THAT ANY JUDICIAL PROCEEDING SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY, AND THAT ANY PARTY TO WHICH THEY ARE PARTIES INVOLVING THIS AGREEMENT MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH ANY CREDIT AGREEMENT RELATED CLAIMCOURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE SIGNATORIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY.

Appears in 1 contract

Samples: Revolving Credit Agreement (Caci International Inc /De/)

Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against the Debtor Borrower with respect to any Credit Agreement Loan Document Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth State of Virginia, County of Fairfax, California or any Federal court in Japan as selected by the Eastern District of VirginiaBank, and, by execution and delivery of this Security Agreement, the Debtor Borrower (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Loan Document Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Borrower hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof8.01(a)(ii), and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) third Business Day after such service is deposited in the mail. Nothing herein shall affect the right of the Agent Bank or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of the Agent Bank or any other Indemnified Person to bring proceedings against the Debtor Borrower in the courts of any other jurisdiction. Any judicial proceeding by the Debtor Borrower against the Agent relating to or Bank involving any Credit Agreement Loan Document Related Claim hereby shall be brought only in a court located in the Commonwealth State of Virginia, County of Fairfax, or the Federal court in the Eastern District of VirginiaCalifornia. THE DEBTOR BORROWER AND THE AGENT BANK HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE BOTH PARTIES INVOLVING ANY CREDIT AGREEMENT LOAN DOCUMENT RELATED CLAIM.

Appears in 1 contract

Samples: Credit Agreement (Cymer Inc)

Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against LIN Television or the Debtor Borrower with respect to any Credit Agreement Loan Document Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth City of Virginia, County of Fairfax, or any Federal court in the Eastern District of VirginiaNew York, and, by execution and delivery of this Security Agreement, each of LIN Television and the Debtor Borrower (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Loan Document Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Each of LIN Television and the Borrower hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof9.01(a)(ii), and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) fourth Business Day after such service is deposited in the mail. Nothing herein shall affect the right of the Agent any Agent, any Bank or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of the Agent any Agent, any Bank or any other Indemnified Person to bring proceedings against LIN Television or the Debtor Borrower in the courts of any other jurisdiction. Any To the extent permitted in accordance with Applicable Law (including Applicable Law relating to jurisdiction and venue), any judicial proceeding by LIN Television or the Debtor Borrower against the any Agent relating to or any Bank involving any Credit Agreement Loan Document Related Claim hereby shall be brought only in a court located in, in the Commonwealth case of Virginiathe Administrative Agent, County the City and State of FairfaxNew York and, or the Federal court in the Eastern District case of Virginiaa Bank or any other Agent, the jurisdiction in which such Bank's or such other Agent's, as the case may be, principal United States office is located. LIN TELEVISION, THE DEBTOR BORROWER, EACH AGENT AND THE AGENT EACH BANK HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE PARTIES INVOLVING ANY CREDIT AGREEMENT LOAN DOCUMENT RELATED CLAIM.

Appears in 1 contract

Samples: Credit Agreement (Lin Television Corp)

Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against the Debtor Borrower with respect to any Credit Agreement Loan Document Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth City of Virginia, County of Fairfax, or any Federal court in the Eastern District of VirginiaNew York, and, by execution and delivery of this Security Agreement, the Debtor Borrower (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Loan Document Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Borrower hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof10.01(a)(ii), and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) third Business Day after such service is deposited in the mail. Nothing herein shall affect the right of the Agent Agent, any Bank or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of the Agent Agent, any Bank or any other Indemnified Person to bring proceedings against the Debtor Borrower in the courts of any other jurisdiction. Any judicial proceeding by the Debtor Borrower against the Agent relating to or any Bank involving any Credit Agreement Loan Document Related Claim hereby shall be brought only in a court located in, in the Commonwealth case of Virginiathe Agent, County the City and State of FairfaxNew York and, or the Federal court in the Eastern District case of Virginiaa Bank, the jurisdiction in which such Bank's principal United States office is located. THE DEBTOR AND BORROWER, THE AGENT AND EACH BANK HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE PARTIES INVOLVING ANY CREDIT AGREEMENT LOAN DOCUMENT RELATED CLAIM.

Appears in 1 contract

Samples: Secured Revolving O&m Costs Facility (Aes Eastern Energy Lp)

Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against the Debtor Borrower with respect to any Credit Agreement Loan Document Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth City of Virginia, County of Fairfax, or any Federal court in the Eastern District of VirginiaNew York, and, by execution and delivery of this Security Agreement, the Debtor Borrower (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Loan Document Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Borrower hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof9.01(b), and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) third Business Day after such service is deposited in the mail. Nothing herein shall affect the right of the Agent Administrative Agent, any Bank or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of the Agent Administrative Agent, any Bank or any other Indemnified Person to bring proceedings against the Debtor Borrower in the courts of any other jurisdiction. Any judicial proceeding by the Debtor Borrower against the Administrative Agent relating to or any Bank involving any Credit Agreement Loan Document Related Claim hereby shall be brought only in a court located in, in the Commonwealth case of Virginiathe Administrative Agent, County the City and State of FairfaxNew York and, or the Federal court in the Eastern District case of Virginiaa Bank, the jurisdiction in which such Bank's principal United States office is located. THE DEBTOR BORROWER, THE ADMINISTRATIVE AGENT, THE SYNDICATION AGENT, THE DOCUMENTATION AGENT, THE CO-AGENT AND THE AGENT EACH BANK HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE PARTIES INVOLVING ANY CREDIT AGREEMENT LOAN DOCUMENT RELATED CLAIM.

Appears in 1 contract

Samples: Credit Agreement (Reinsurance Group of America Inc)

Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against the Debtor Borrower with respect to any Credit Agreement Loan Document Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth City of Virginia, County of Fairfax, or any Federal court in the Eastern District of VirginiaNew York, and, by execution and delivery of this Security Agreement, the Debtor Borrower (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Loan Document Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Borrower hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof9.01(a)(ii), and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) third Business Day after such service is deposited in the mail. Nothing herein shall affect the right of the Agent Administrative Agent, any Issuing Bank, any Lender or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of the Agent Administrative Agent, any Issuing Bank, any Lender or any other Indemnified Person to bring proceedings against the Debtor Borrower in the courts of any other jurisdiction. Any judicial proceeding by the Debtor Borrower against the Agent relating to Administrative Agent, any Issuing Bank, or any Lender involving any Credit Agreement Loan Document Related Claim hereby shall be brought only in a court located in, in the Commonwealth case of Virginiathe Administrative Agent and the Primary Issuing Bank, County the City and State of FairfaxNew York and, or the Federal court in the Eastern District case of Virginiaa Lender, the jurisdiction in which such Lender’s principal United States office is located. THE DEBTOR BORROWER, THE ADMINISTRATIVE AGENT, EACH ISSUING BANK AND THE AGENT EACH LENDER HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE PARTIES INVOLVING ANY CREDIT AGREEMENT LOAN DOCUMENT RELATED CLAIM.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (California Steel Industries Inc)

Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against the Debtor a Borrower with respect to any Credit Agreement Loan Document Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth City of Virginia, County of Fairfax, or any Federal court in the Eastern District of VirginiaNew York, and, by execution and delivery of this Security Agreement, the Debtor each Borrower (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Loan Document Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Each Borrower hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof10.01(b), and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) third Business Day after such service is deposited in the mail. Nothing herein shall affect the right of the Agent Agent, a Swing Loan Lender, any Bank or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of the Agent Agent, a Swing Loan Lender, any Bank or any other Indemnified Person to bring proceedings against the Debtor a Borrower in the courts of any other jurisdiction. Any judicial proceeding by the Debtor a Borrower against the Agent relating to Agent, a Swing Loan Lender or any Bank involving any Credit Agreement Loan Document Related Claim hereby shall be brought only in a court located in, in the Commonwealth case of Virginiathe Agent or a Swing Loan Lender, County the City and State of FairfaxNew York and, or the Federal court in the Eastern District case of Virginiaa Bank, the jurisdiction in which such Bank's principal United States office is located. THE DEBTOR BORROWERS, THE AGENT, THE SWING LOAN LENDERS AND THE AGENT EACH BANK HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE PARTIES INVOLVING ANY CREDIT AGREEMENT LOAN DOCUMENT RELATED CLAIM.

Appears in 1 contract

Samples: Credit Agreement (Eastern Utilities Associates)

Judicial Proceedings; Waiver of Jury Trial. TC "Section 9.12 Judicial Proceedings; Waiver of Jury Trial." \f C \l "2" Any judicial proceeding brought against the Debtor Borrower with respect to any Credit Agreement Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth of Virginia, County of Fairfax, or any Federal court in the Eastern District of Virginia, and, by execution and delivery of this Security Agreement, the Debtor Borrower (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Borrower hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof9.6 of this Agreement, and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) Business Day after such service is deposited in the mail. Nothing herein shall affect the right of any Lender, the Agent or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of any Lender, the Agent or any other Indemnified Person to bring proceedings against the Debtor Borrower in the courts of any other jurisdiction. Any judicial proceeding by the Debtor Borrower against any Lender or the Agent relating to or involving any Credit Agreement Related Claim hereby shall be brought only in a court located in the Commonwealth of Virginia, County of Fairfax, or the Federal court in the Eastern District of Virginia. THE DEBTOR BORROWER AND THE LENDERS AND THE AGENT HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE PARTIES INVOLVING ANY CREDIT AGREEMENT RELATED CLAIM.

Appears in 1 contract

Samples: Revolving Credit Agreement (Hagler Bailly Inc)

Judicial Proceedings; Waiver of Jury Trial. Any Each party hereto agrees that any judicial proceeding brought against the Debtor it with respect to any Credit Agreement Loan Document Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth City of Virginia, County of Fairfax, or any Federal court in the Eastern District of Virginia, and, by execution New York and delivery of this Security Agreement, the Debtor (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor hereby Each party hereto waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof10.01, and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) third Business Day after such service is deposited in the mail. Nothing herein shall affect the right of the Agent to serve process in any other manner permitted by law or shall limit the right of the Agent to bring proceedings against the Debtor in the courts of any other jurisdiction. Any judicial proceeding by the Debtor any Loan Party against the Agent relating to or Lender involving any Credit Agreement Loan Document Related Claim hereby shall be brought only in a court located of the State of New York sitting in the Commonwealth of Virginia, City and County of Fairfax, or New York and of the Federal court in United States District Court of the Eastern Southern District of VirginiaNew York and any appellate court thereof. EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE DEBTOR AND THE AGENT HEREBY UNCONDITIONALLY WAIVE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY JUDICIAL LEGAL PROCEEDING TO WHICH THEY ARE PARTIES DIRECTLY OR INDIRECTLY INVOLVING ANY LOAN DOCUMENT RELATED CLAIM (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER CREDIT AGREEMENT RELATED CLAIMDOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 10.08.

Appears in 1 contract

Samples: Credit Agreement (Halozyme Therapeutics Inc)

Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against the Debtor Borrower with respect to any Credit Agreement Loan Document Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth City of Virginia, County of Fairfax, or any Federal court in the Eastern District of VirginiaNew York, and, by execution and delivery of this Security Agreement, the Debtor Borrower (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Loan Document Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Borrower hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof9.01(b), and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) third Business Day after such service is deposited in the mail. Nothing herein shall affect the right of the Agent Administrative Agent, any Bank or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of the Agent Administrative Agent, any Bank or any other Indemnified Person to bring proceedings against the Debtor Borrower in the courts of any other jurisdiction. Any judicial proceeding by the Debtor Borrower against the Administrative Agent relating to or any Bank involving any Credit Agreement Loan Document Related Claim hereby shall be brought only in a court located in, in the Commonwealth case of Virginiathe Administrative Agent, County the City and State of FairfaxNew York and, or the Federal court in the Eastern District case of Virginiaa Bank, the jurisdiction in which such Bank's principal United States office is located. THE DEBTOR BORROWER, THE ADMINISTRATIVE AGENT, THE CO-SYNDICATION AGENTS, THE DOCUMENTATION AGENT AND THE AGENT EACH BANK HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE PARTIES INVOLVING ANY CREDIT AGREEMENT LOAN DOCUMENT RELATED CLAIM.

Appears in 1 contract

Samples: Credit Agreement (Reinsurance Group of America Inc)

Judicial Proceedings; Waiver of Jury Trial. Any ------------------------------------------ judicial proceeding brought against the Debtor Borrower with respect to any Credit Agreement Loan Document Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth City of Virginia, County of Fairfax, or any Federal court in the Eastern District of VirginiaNew York, and, by execution and delivery of this Security Agreement, the Debtor Borrower, to the extent permitted by Applicable Law, (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Loan Document Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor To the extent permitted by Applicable Law, the Borrower hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof9.01(b), and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) third Business Day after such service is deposited in the mail. Nothing herein shall affect the right of the Agent Administrative Agent, any Bank or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of the Agent Administrative Agent, any Bank or any other Indemnified Person to bring proceedings against the Debtor Borrower in the courts of any other jurisdiction. Any To the extent permitted in accordance with Applicable Law (including Applicable Law relating to jurisdiction and venue), any judicial proceeding by the Debtor Borrower against the Administrative Agent relating to or any Bank involving any Credit Agreement Loan Document Related Claim hereby shall be brought only in a court located in the Commonwealth City and State of Virginia, County of Fairfax, or the Federal court in the Eastern District of VirginiaNew York. THE DEBTOR BORROWER, EACH AGENT AND THE AGENT EACH BANK HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE PARTIES INVOLVING ANY CREDIT AGREEMENT LOAN DOCUMENT RELATED CLAIM.

Appears in 1 contract

Samples: Credit Agreement (Primestar Inc)

Judicial Proceedings; Waiver of Jury Trial. Any judicial ------------------------------------------ proceeding brought against the Debtor a Borrower or any Guarantor with respect to any Credit Agreement Loan Document Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth City of Virginia, County of Fairfax, or any Federal court in the Eastern District of VirginiaNew York, and, by execution and delivery of this Security Agreement, each of the Debtor Borrowers and the Guarantors (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Loan Document Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Each of the Borrowers and the Guarantors hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof10.01, and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) third Business Day after such service is deposited in the mailmail so long as such service is also delivered to the Company by overnight courier. Nothing herein shall affect the right of the Agent any Administrative Agent, any Bank or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of the Agent any Administrative Agent, any Bank or any other Indemnified Person to bring proceedings against the Debtor a Borrower or any Guarantor in the courts of any other jurisdiction. Any To the extent permitted in accordance with Applicable Law relating to jurisdiction and venue, any judicial proceeding by the Debtor a Borrower or any Guarantor against the Administrative Agent relating to or any Bank involving any Credit Agreement Loan Document Related Claim hereby shall be brought only in a court located in the Commonwealth City and State of Virginia, County of Fairfax, or the Federal court in the Eastern District of VirginiaNew York. THE DEBTOR BORROWERS, THE GUARANTORS, THE ADMINISTRATIVE AGENT AND THE AGENT EACH BANK HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE PARTIES INVOLVING ANY CREDIT AGREEMENT LOAN DOCUMENT RELATED CLAIM.

Appears in 1 contract

Samples: Credit Agreement (Premiere Technologies Inc)

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Judicial Proceedings; Waiver of Jury Trial. Any ------------------------------------------ judicial proceeding brought against the Debtor Borrowers with respect to any Credit Agreement Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth of Virginia, County of Fairfax, or any Federal court in the Eastern District of Virginia, and, by execution and delivery of this Security Agreement, the Debtor Borrowers (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Borrowers hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof9.6 of this Agreement, and service so made shall be deemed completed on the earlier of (xi) the receipt thereof and (yii) if sent by registered or certified mail (return receipt requested), the fifth (5th) Business Day after such service is deposited in the mail. Nothing herein shall affect the right of any Lender, the Agent or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of any Lender, the Agent or any other Indemnified Person to bring proceedings against the Debtor Borrowers in the courts of any other jurisdiction. Any judicial proceeding by the Debtor Borrowers against any Lender or the Agent relating to or involving any Credit Agreement Related Claim hereby shall be brought only in a court located in the Commonwealth of Virginia, County of Fairfax, or the Federal court in the Eastern District of Virginia. THE DEBTOR BORROWERS AND THE LENDERS AND THE AGENT HEREBY UNCONDITIONALLY WAIVE 77 TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE PARTIES INVOLVING ANY CREDIT AGREEMENT RELATED CLAIM.

Appears in 1 contract

Samples: Credit Agreement (Overnite Corp)

Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against the Debtor Guarantor with respect to any Credit Guaranty Agreement Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth of Virginia, County of FairfaxSan Diego, or any Federal court in the Eastern District State of VirginiaCalifornia, and, by execution and delivery of this Security Agreement, the Debtor Guarantor (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any final judgment rendered thereby in connection with any Credit Guaranty Agreement Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Guarantor hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof4.1(b), and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) third Business Day after such service is deposited in the mail. Nothing herein shall affect the right of the Agent Guaranteed Party or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of the Agent Guaranteed Party or any other Indemnified Person to bring proceedings against the Debtor Guarantor in the courts of any other jurisdiction. Any judicial proceeding by the Debtor Guarantor against the Agent relating to or Guaranteed Party involving any Credit Guaranty Agreement Related Claim hereby shall be brought only in a court located in the Commonwealth of Virginia, County of FairfaxSan Diego, or the Federal court in the Eastern District State of VirginiaCalifornia. THE DEBTOR GUARANTOR AND THE AGENT GUARANTEED PARTY HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE BOTH PARTIES INVOLVING ANY CREDIT GUARANTY AGREEMENT RELATED CLAIM.

Appears in 1 contract

Samples: Guaranty Agreement (Synbiotics Corp)

Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against the Debtor Borrower with respect to any Credit Agreement Loan Document Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth City of Virginia, County of Fairfax, or any Federal court in the Eastern District of VirginiaNew York, and, by execution and delivery of this Security Agreement, the Debtor Borrower (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Loan Document Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Borrower hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof11.01(a)(ii), and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) third Business Day after such service is deposited in the mail. Nothing herein shall affect the right of the Agent Agent, any Bank, any Issuing Bank or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of the Agent Agent, any Bank, any Issuing Bank or any other Indemnified Person to bring proceedings against the Debtor Borrower in the courts of any other jurisdiction. Any judicial proceeding by the Debtor Borrower against the Agent relating to Agent, any Bank or any Issuing Bank involving any Credit Agreement Loan Document Related Claim hereby shall be brought only in a court located in, in the Commonwealth case of Virginiathe Agent, County of FairfaxLos Angeles, or the Federal court California and, in the Eastern District case of Virginiaany Bank or Issuing Bank, the jurisdiction in which such Bank's or Issuing Bank's (as the case may be) principal United States office is located. THE DEBTOR BORROWER, THE AGENT, EACH BANK AND THE AGENT EACH ISSUING BANK HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE PARTIES INVOLVING ANY CREDIT AGREEMENT LOAN DOCUMENT RELATED CLAIM.

Appears in 1 contract

Samples: Credit Agreement (Aes Eastern Energy Lp)

Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against the Debtor Borrower with respect to any Credit Agreement Loan Document Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth State of Virginia, County of Fairfax, California or any Federal court in Japan as selected by the Eastern District of VirginiaBank, and, by execution and delivery of this Security Agreement, the Debtor Borrower (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Loan Document Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Borrower hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof8.01, and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) third Business Day after such service is deposited in the mail. Nothing herein shall affect the right of the Agent Bank or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of the Agent Bank or any other Indemnified Person to bring proceedings against the Debtor Borrower in the courts of any other jurisdiction. Any judicial proceeding by the Debtor Borrower against the Agent relating to or Bank involving any Credit Agreement Loan Document Related Claim hereby shall be brought only in a court located in the Commonwealth State of Virginia, County of Fairfax, or the Federal court in the Eastern District of VirginiaCalifornia. THE DEBTOR BORROWER AND THE AGENT BANK HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE BOTH PARTIES INVOLVING ANY CREDIT AGREEMENT LOAN DOCUMENT RELATED CLAIM.

Appears in 1 contract

Samples: Credit Agreement (Ocular Sciences Inc /De/)

Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against the Debtor Borrower or any Guarantor with respect to any Credit Agreement Loan Document Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth of Virginia, City and County of Fairfax, or any Federal court in the Eastern District of VirginiaNew York, and, by execution and delivery of this Security Agreement, the Debtor Borrower and each Guarantor (a) accepts, generally and unconditionally, the nonexclusive non-exclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Loan Document Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Borrower and each Guarantor hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof9.01(a)(ii), and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) third Business Day after such service is deposited in the mail. Nothing herein shall affect the right of the Agent Administrative Agent, the Issuing Bank, the Swing Loan Lender, any Bank or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of the Agent Administrative Agent, the Issuing Bank, the Swing Loan Lender, any Bank or any other Indemnified Person to bring proceedings against the Debtor Borrower or any Guarantor in the courts of any other jurisdiction. Any judicial proceeding by the Debtor Borrower or any Guarantor against the Agent relating to Administrative Agent, the Issuing Bank, the Swing Loan Lender, or any Bank involving any Credit Agreement Loan Document Related Claim hereby shall be brought only in a court located in the Commonwealth City and State of Virginia, County of Fairfax, or the Federal court in the Eastern District of VirginiaNew York. THE DEBTOR BORROWER, EACH GUARANTOR, THE AGENT, THE ISSUING BANK, THE SWING LOAN LENDER AND THE AGENT HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE PARTIES INVOLVING ANY CREDIT AGREEMENT RELATED CLAIM.EACH BANK

Appears in 1 contract

Samples: Credit Agreement (Garden State Newspapers Inc)

Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against the Debtor Pledgor with respect to any Credit Agreement Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth of Virginia, County of Fairfax, or any Federal court in the Eastern District of Virginia, and, by execution and delivery of this Security Pledge Agreement, the Debtor Pledgor (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Pledgor hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof18 of this Pledge Agreement, and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail delivered in the manner described in clause (return receipt requested)iii) of Section 18 hereof, the fifth (5th) Business Day after such service is deposited in the mail. Nothing herein shall affect the right of any Lender or the Agent to serve process in any other manner permitted by law or shall limit the right of any Lender or the Agent to bring proceedings against the Debtor Pledgor in the courts of any other jurisdiction. Any judicial proceeding by the Debtor Pledgor against any Lender or the Agent relating to or involving any Credit Agreement Related Claim hereby shall be brought only in a court located in the Commonwealth of Virginia, County of Fairfax, or the Federal court in the Eastern District of Virginia. THE DEBTOR PLEDGOR AND THE LENDERS AND THE AGENT HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE PARTIES INVOLVING ANY CREDIT AGREEMENT RELATED CLAIM.

Appears in 1 contract

Samples: Revolving Credit Agreement (Hagler Bailly Inc)

Judicial Proceedings; Waiver of Jury Trial. (a) Any judicial proceeding brought against Action seeking to enforce any provision of, or, directly or indirectly arising out of or in any way relating to, this Agreement or the Debtor with respect to any Credit Agreement Related Claim transactions contemplated hereby may shall be brought in any court of competent jurisdiction in the Commonwealth of Virginia, County of Fairfax, state or any Federal court in the Eastern District of Virginia, and, by execution and delivery of this Security Agreement, the Debtor (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof, and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) Business Day after such service is deposited in the mail. Nothing herein shall affect the right of the Agent to serve process in any other manner permitted by law or shall limit the right of the Agent to bring proceedings against the Debtor in the courts of any other jurisdiction. Any judicial proceeding by the Debtor against the Agent relating to or involving any Credit Agreement Related Claim hereby shall be brought only in a federal court located in the Commonwealth of Virginia, County and all of Fairfaxthe parties hereby irrevocably consents to the exclusive jurisdiction of such courts in any such Action and irrevocably waives, to the fullest extent permitted by Law, any objection that it may now or hereafter have to the Federal laying of the venue of any such Action in any such court or that any such Action brought in any such court has been brought in an inconvenient forum. Process in any such Action may be served on any party anywhere in the Eastern District world, whether within or without the jurisdiction of Virginiaany such court. Without limiting the foregoing, each party agrees that service of process on such party as provided in Section 10.6 shall be deemed effective service of process on such party. (b) Nothing contained in Section 10.5(a) shall limit the right of Buyer to take any Action in any court of competent jurisdiction for the purposes of enforcing any judgment or any equitable remedy or relief, nor shall the taking of any such Action by Buyer in one or more jurisdictions preclude the taking of any such Action in any other jurisdiction (whether concurrently or not) if and to the extent permitted by Law. (c) EACH PARTY HERETO HEREBY WAIVES, TO THE DEBTOR AND THE AGENT HEREBY UNCONDITIONALLY WAIVE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY JUDICIAL LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO WHICH THEY ARE THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (1) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER, AND (2) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES INVOLVING ANY CREDIT HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT RELATED CLAIMBY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

Appears in 1 contract

Samples: Asset Purchase Agreement (Armada Hoffler Properties, Inc.)

Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against the Debtor Borrower or any Guarantor with respect to any Credit Agreement Loan Document Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth City of Virginia, County of Fairfax, or any Federal court in the Eastern District of VirginiaNew York, and, by execution and delivery of this Security Agreement, the Debtor Borrower and each Guarantor (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Loan Document Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Borrower and each Guarantor hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof10.01(b), and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) third Business Day after such service is deposited in the mail. Nothing herein shall affect the right of the Agent Administrative Agent, the Issuing Bank, the Swing Line Bank, any Bank or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of the Agent Administrative Agent, the Issuing Bank, the Swing Line Bank, any Bank or any other Indemnified Person to bring proceedings against the Debtor Borrower or any Guarantor in the courts of any other jurisdiction. Any judicial proceeding by the Debtor Borrower or any Guarantor against the Administrative Agent relating to or involving any Credit Agreement Loan Document Related Claim hereby shall be brought only in a court located in the Commonwealth City and State of Virginia, County New York and in the case of Fairfax, a Bank or the Federal court Issuing Bank or the Swing Line Bank, the jurisdiction in which the Eastern District of VirginiaBank's principal United States office is located. THE DEBTOR BORROWER, THE ADMINISTRATIVE AGENT, THE ISSUING BANK, THE SWING LINE BANK, EACH BANK AND THE AGENT EACH GUARANTOR HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ANY OF THEM ARE PARTIES PARTY INVOLVING ANY CREDIT AGREEMENT LOAN DOCUMENT RELATED CLAIM.

Appears in 1 contract

Samples: Secured Guaranteed Credit Agreement (Zd Inc)

Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against the Debtor Guarantor with respect to any Credit Agreement Guarantee Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth City of Virginia, County of Fairfax, or any Federal court in the Eastern District of VirginiaNew York, and, by execution and delivery of this Security Agreement, the Debtor Guarantor, to the extent permitted by Applicable Law, (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Guarantee Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Guarantor hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof4.01(b), and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) third Business Day after such service is deposited in the mail. Nothing herein shall affect the right of the Agent any Guaranteed Party to serve process in any other manner permitted by law or shall limit the right of the Agent any Guaranteed Party to bring proceedings against the Debtor Guarantor in the courts of any other jurisdiction. Any judicial proceeding by the Debtor Guarantor against the Administrative Agent relating to or any other Guaranteed Party involving any Credit Agreement Guarantee Related Claim hereby shall be brought only in a court located in, in the Commonwealth case of Virginiathe Administrative Agent, County the City of FairfaxNew York, the City of Toronto, Province of Ontario or the Federal court City of Montreal, Province of Quebec, and in the Eastern District case of Virginiaany other Guaranteed Party, the jurisdiction in which such Guaranteed Party's principal office is located. TO THE DEBTOR EXTENT PERMITTED BY APPLICABLE LAW, THE GUARANTOR, THE ADMINISTRATIVE AGENT AND THE AGENT EACH OTHER GUARANTEED PARTY HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE PARTIES REVOLVING CREDIT SCHEDULES Schedule 1.1.2 - Page 14 INVOLVING ANY CREDIT AGREEMENT GUARANTEE RELATED CLAIM.

Appears in 1 contract

Samples: Revolving Credit Agreement (Quebecor Printing Inc)

Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against the Debtor any Account Party with respect to any Credit Agreement Loan Document Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth City of Virginia, County of Fairfax, or any Federal court in the Eastern District of VirginiaNew York, and, by execution and delivery of this Security Agreement, the Debtor each Account Party (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Loan Document Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Each Account Party hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof10.01(b), and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) third Business Day after such service is deposited in the mail. Nothing herein shall affect the right of the Agent Administrative Agent, any Bank, any Issuing Bank or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of the Agent Administrative Agent, any Bank, any Issuing Bank or any other Indemnified Person to bring proceedings against the Debtor any Account Party in the courts of any other jurisdiction. Any judicial proceeding by the Debtor any Account Party against the Agent relating to Administrative Agent, any Bank or any Issuing Bank involving any Credit Agreement Loan Document Related Claim hereby shall be brought only in a court located in, in the Commonwealth case of Virginiathe Administrative Agent, County the City and State of FairfaxNew York and, or the Federal court in the Eastern District case of Virginiaa Bank, the jurisdiction in which such Bank’s principal United States office is located. EACH ACCOUNT PARTY, THE DEBTOR ADMINISTRATIVE AGENT, THE SYNDICATION AGENT, EACH CO-DOCUMENTATION AGENT, EACH BANK AND THE AGENT EACH ISSUING BANK HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE PARTIES INVOLVING ANY CREDIT AGREEMENT LOAN DOCUMENT RELATED CLAIM.

Appears in 1 contract

Samples: Credit Agreement (Reinsurance Group of America Inc)

Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against the Debtor Borrower with respect to any Credit Agreement Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth of Virginia, County of Fairfax, or any Federal court in the Eastern District of Virginia, and, by execution and delivery of this Security Agreement, the Debtor Borrower (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Borrower hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof9.6 of this Agreement, and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) Business Day after such service is deposited in the mail. Nothing herein shall affect the right of any Lender, the Agent or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of any Lender, the Agent or any other Indemnified Person to bring proceedings against the Debtor Borrower in the courts of any other jurisdiction. Any judicial proceeding by the Debtor Borrower against any Lender or the Agent relating to or involving any Credit Agreement Related Claim hereby shall be brought only in a court located in the Commonwealth of Virginia, County of Fairfax, or the Federal court in the Eastern District of Virginia. THE DEBTOR BORROWER AND THE LENDERS AND THE AGENT HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE PARTIES INVOLVING ANY CREDIT AGREEMENT RELATED CLAIM.

Appears in 1 contract

Samples: Revolving Credit Agreement (Caci International Inc /De/)

Judicial Proceedings; Waiver of Jury Trial. Any judicial proceeding brought against the Debtor a Borrower or any Guarantor with respect to any Credit Agreement Loan Document Related Claim hereby may be brought in any court of competent jurisdiction in the Commonwealth City of Virginia, County of Fairfax, or any Federal court in the Eastern District of VirginiaNew York, and, by execution and delivery of this Security Agreement, each of the Debtor Borrowers and the Guarantors (a) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court and irrevocably agrees to be bound by any judgment rendered thereby in connection with any Credit Agreement Loan Document Related Claim and (b) irrevocably waives any objection it may now or hereafter have as to the venue of any such proceeding brought in such a court or that such a court is an inconvenient forum. The Debtor Each of the Borrowers and the Guarantors hereby waives personal service of process and consents that service of process upon it may be made by certified or registered mail, return receipt requested, at its address specified or determined in accordance with the provisions of Section 6.1 hereof10.01, and service so made shall be deemed completed on the earlier of (x) the receipt thereof and (y) if sent by registered or certified mail (return receipt requested), the fifth (5th) third Business Day after such service is deposited in the mailmail so long as such service is also delivered to Premiere by overnight courier. Nothing herein shall affect the right of the Agent any Administrative Agent, any Bank or any other Indemnified Person to serve process in any other manner permitted by law or shall limit the right of the Agent any Administrative Agent, any Bank or any other Indemnified Person to bring proceedings against the Debtor a Borrower or any Guarantor in the courts of any other jurisdiction. Any To the extent permitted in accordance with Applicable Law relating to jurisdiction and venue, any judicial proceeding by the Debtor a Borrower or any Guarantor against the Administrative Agent relating to or any Bank involving any Credit Agreement Loan Document Related Claim hereby shall be brought only in a court located in the Commonwealth City and State of Virginia, County of Fairfax, or the Federal court in the Eastern District of VirginiaNew York. THE DEBTOR BORROWERS, THE GUARANTORS, THE ADMINISTRATIVE AGENT AND THE AGENT EACH BANK HEREBY UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE PARTIES INVOLVING ANY CREDIT AGREEMENT LOAN DOCUMENT RELATED CLAIM.

Appears in 1 contract

Samples: Credit Agreement (Premiere Technologies Inc)

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