Jurisdiction and Consent to Suit. (a) Without prejudice to OPIC’s right to bring suit in any appropriate domestic or foreign jurisdiction, any proceeding to enforce this Agreement, any Note, or any other Financing Document to which the Borrower is a party (unless otherwise specified) may be brought by OPIC in any state or federal court of competent jurisdiction in the District of Columbia or the State of New York of the United States of America or in any other jurisdiction where the Borrower or any of its property may be found. The Borrower hereby irrevocably waives any present or future objection to any such venue, and irrevocably consents and submits unconditionally to the non-exclusive jurisdiction for itself and in respect of any of its property of any such court. The Borrower further agrees that final judgment against it in any such action or proceeding arising out of or relating to this Agreement shall, to the fullest extent permitted by law, be conclusive and may be enforced in any other jurisdiction within or outside the United States of America by suit on the judgment, a certified or exemplified copy of which shall be conclusive evidence of the fact and of the amount of its obligation.
(b) Prior to the first Closing Date, the Borrower shall irrevocably designate and appoint agents satisfactory to OPIC for service of process in the District of Columbia and the State of New York as its authorized agent to receive, accept, and forward on its behalf service of process in any such proceeding, and shall provide OPIC with evidence of the prepayment in full of the fees of such agents. The Borrower agrees that service of process, writ, judgment, or other notice of legal process upon said agents shall be deemed and held in every respect to be effective personal service upon it. The Borrower shall maintain such appointment (or that of a successor satisfactory to OPIC) continuously in effect at all times while the Borrower is obligated under this Agreement or any Note. Nothing herein shall affect OPIC’s right to serve process in any other manner permitted by applicable law.
Jurisdiction and Consent to Suit. Any proceeding to enforce this Agreement may be brought in the Federal courts of the United States of America located in the State of Maryland of the United States of America. The Shipowner and the Indenture Trustee hereby irrevocably waive any present or future objection to such venue, and for each of itself and in respect of any of their respective properties hereby irrevocably consents and submits unconditionally to the nonexclusive jurisdiction of those courts. The Shipowner further irrevocably waives any claim that any such court is not a convenient forum for any such proceeding. The Shipowner agrees that any service of process, writ, judgment or other notice of legal process shall be deemed and held in every respect to be effectively served upon it in connection with proceedings in the State of Maryland, if delivered to Sher & Blackwell, 1850 M Street, N.W., Suite 900, Washington, DC 20036, whicx xx xxxxvoxxxxx xxxxxxxxxx xxx xxxxxxxx xx xxx xxxxxxxxxx xxxxt for the service of process in the State and Federal courts in the State of Maryland. Nothing herein shall affect the right of the Indenture Trustee to serve process in any other manner permitted by applicable law. The Shipowner further agrees that final judgment against it in any such action or proceeding arising out of or relating to this Indenture shall be conclusive and may be enforced in any other jurisdiction within or outside the United States of America by suit on the judgment, a certified or exemplified copy of which shall be conclusive evidence of that fact and of the judgment.
Jurisdiction and Consent to Suit. WITHOUT PREJUDICE TO THE RIGHTS OF OPIC TO BRING SUIT IN ANY APPROPRIATE DOMESTIC OR FOREIGN JURISDICTION, ANY PROCEEDING TO ENFORCE THIS AGREEMENT OR ANY OTHER TRANSACTION DOCUMENT MAY BE BROUGHT BY OPIC IN ANY STATE OR FEDERAL COURT OF COMPETENT JURISDICTION IN THE STATE OF NEW YORK OR IN THE DISTRICT OF COLUMBIA OF THE UNITED STATES OF AMERICA OR IN ANY OTHER JURISDICTION WHERE THE COMPANY OR ANY OF ITS PROPERTY MAY BE FOUND. THE COMPANY HEREBY IRREVOCABLY WAIVES ANY PRESENT OR FUTURE OBJECTION TO ANY SUCH VENUE, AND IRREVOCABLY CONSENTS AND SUBMITS UNCONDITIONALLY TO THE NON-EXCLUSIVE JURISDICTION FOR ITSELF AND IN RESPECT OF ANY OF ITS PROPERTY OF ANY SUCH COURT. THE COMPANY HEREBY FURTHER IRREVOCABLY WAIVES ANY CLAIM IN ANY SUCH COURT THAT ANY SUCH ACTION, SUIT, OR PROCEEDING BROUGHT THEREIN HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. THE COMPANY FURTHER AGREES THAT FINAL JUDGMENT AGAINST IT IN ANY SUCH ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER TRANSACTION DOCUMENT SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN ANY OTHER JURISDICTION WITHIN OR OUTSIDE THE UNITED STATES OF AMERICA BY SUIT ON THE JUDGMENT, A CERTIFIED OR EXEMPLIFIED COPY OF WHICH SHALL BE CONCLUSIVE EVIDENCE OF THE FACT AND OF THE AMOUNT OF ITS OBLIGATION.
Jurisdiction and Consent to Suit. This Title XI Reserve Fund and Financial Agreement hereby adopts and incorporates by reference as if fully set forth herein the provisions relating to Jurisdiction and Consent to Suit of the Special Provisions of the Security Agreement.
Jurisdiction and Consent to Suit. Any action, suit or proceeding by Parent to enforce this Agreement may be brought in the District Court in and for the City and County of Denver, State of Colorado, in the United States District Court for the District of Colorado or in any other court in which venue and jurisdiction are proper. Each Shareholder and the Representative consent and submit to the non-exclusive jurisdiction in personam of any such court in respect of any such action, suit or proceeding.
Jurisdiction and Consent to Suit. Any proceeding to enforce any -------------------------------- of the Loan Documents may be brought in any state or federal court of competent jurisdiction in the State of New York. The Borrower hereby irrevocably waives any present and future objection to any such venue, and irrevocably consents and submits unconditionally to the non-exclusive jurisdiction for itself and in respect of any of its property in such court. The Borrower further agrees that final judgment against it in any such action or proceeding arising out of or relating to any of the Loan Documents shall be conclusive and may be enforced in any other jurisdiction within or outside the United States of America by suit on the judgment, a certified or exemplified copy of which shall be conclusive evidence of the fact and of the amount of the obligation.
Jurisdiction and Consent to Suit. (a) Any proceeding to enforce this guaranty may be brought in any state or federal court of competent jurisdiction in the State of New York. Each Guarantor hereby irrevocably waives any present or future objection to any such venue, and irrevocably consents and submits unconditionally to the non-exclusive jurisdiction for itself and in respect of any of its property of any such court. Each Guarantor further agrees that final judgment against it in any such action or proceeding arising out of or relating to this guaranty shall be conclusive and may be enforced in any other jurisdiction within or outside the United States of America by suit on the judgment, a certified or exemplified copy of which shall be conclusive evidence of the fact and of the amount of its obligation.
Jurisdiction and Consent to Suit. Any proceeding to enforce this Agreement shall be brought in any state or federal court of competent jurisdiction in the State of New York, United States of America. Each of the Sellers and Buyer hereby irrevocably waive any present or future objection to any such venue, and irrevocably consent and submit unconditionally to the non-exclusive jurisdiction for itself and in respect of any of its property of any such court. Sellers and Buyer further agree that final judgment against it in any such action or proceeding arising out of or relating to this Agreement shall be conclusive and may be enforced in any other jurisdiction within or outside the United States of America by suit on the judgment, a certified or exemplified copy of which shall be conclusive evidence of the fact and of the amount of its obligation. Prior to the Closing, Buyer shall irrevocably designate and appoint CT Corporation System, 000 0xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 as its authorized agent to receive, accept and acknowledge on its behalf service of process in any such proceeding, and shall provide Sellers with evidence of the prepayment in full of the fees of such agent. Buyer agrees that service of process, writ, judgment or other notice of legal process upon said agent shall be deemed and held in every respect to be effective personal service upon it. Buyer shall maintain such appointment (or that of a successor satisfactory to Sellers) continuously in effect at all times while Buyer is obligated under this Agreement. Nothing herein shall affect Sellers’ right to serve process in any other manner permitted by applicable law.
Jurisdiction and Consent to Suit. Any proceeding to enforce this Agreement may be brought in the Federal courts of the United States of America located in the State of New York of the United States of America. The Shipowner and the Secretary hereby irrevocably waive any present or future objection to such venue, and for each of itself and in respect of any of their respective properties hereby irrevocably consents and submits unconditionally to the non-exclusive jurisdiction of those courts. The Shipowner further irrevocably waives any claim that any such court is not a convenient forum for any such proceeding. The Shipowner agrees that any service of process, writ, judgment or other notice of legal process shall be deemed and held in every respect to be effectively served upon it in connection with proceedings in the State of New York if delivered to Sher & Blackwell, 1850 M Street, N.W., Suite 900, Washington, D.C. 20036, whxxx xx xxrexxxxxxx xxxxxxxxxx xxx xxxxxxxx xx xxx xxxxxxxxxx xxxxt for the service of process in the State and Federal courts in the State of New York. Nothing herein shall affect the right of the Secretary to serve process in any other manner permitted by applicable law. The Shipowner further agrees that final judgment against it in any such action or proceeding arising out of or relating to this Agreement shall be conclusive and may be enforced in any other jurisdiction within or outside the United States of America by suit on the judgment, a certified or exemplified copy of which shall be conclusive evidence of that fact and of the judgment.
Jurisdiction and Consent to Suit. Any proceeding to enforce any of the New Loan Documents may be brought in any state or federal court of competent jurisdiction in the State of Florida. The Borrower hereby irrevocably waives any present and future objection to any such venue, and irrevocably consents and submits unconditionally to the non-exclusive jurisdiction for itself and in respect of any of its property in such court.
