Common use of JURISDICTION AND JURY TRIAL WAIVER Clause in Contracts

JURISDICTION AND JURY TRIAL WAIVER. 12.1 Borrower hereby irrevocably consents that any suit, legal action or proceeding against borrower or any of its properties with respect to any of the rights or obligations arising directly or indirectly under or relating to this note or any other loan document may be brought in any jurisdiction, including, without limitation, any New York state or United States Federal Court located in the southern district of New York, as Bank may elect, and by execution and delivery of this note, Borrower hereby irrevocably submits to and accepts with regard to any such suit, legal action or proceeding, for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. Borrower hereby irrevocably consents to the service of process in any such suit, legal action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, return receipt requested, to borrower at its address set forth herein. The foregoing shall not limit the right of Bank to serve process in any other manner permitted by law or to bring any suit, legal action or proceeding or to obtain execution of judgment in any other jurisdiction. 12.2 Borrower hereby irrevocably waives any objection which borrower may now or hereafter have to the laying of venue of any suit, legal action or proceeding arising directly or indirectly under or relating to this note or any other loan document in any state or federal court located in any jurisdiction, including without limitation, any state or federal court located in the southern district of New York chosen by Bank in accordance with this Section xxii and hereby further irrevocably waives any claim that a court located in the southern district of New York is not a convenient forum for any such suit, legal action or proceeding. 12.3 Borrower hereby irrevocably agrees that any suit, legal action or proceeding commenced by Borrower with respect to any rights or obligations arising directly or indirectly under or relating to this note or any other loan document (except as expressly set forth therein to the contrary) shall be brought exclusively in any New York state or United States Federal Court located in the southern district of New York. 12.4 Borrower hereby waives any defense or claim based on marshaling of assets or election or remedies or guaranties. 12.5 Borrower and Bank (by its acceptance of this Agreement) hereby irrevocably waive all right to trial by jury in any action, proceeding or counterclaim arising out of or relating to any obligation of Borrower or this note or any other loan document.

JURISDICTION AND JURY TRIAL WAIVER. 12.1 Borrower hereby irrevocably consents that any suit, legal action or proceeding against borrower or any of its properties with respect to any of the rights or obligations arising directly or indirectly under or relating to this note or any other loan document may be brought in any jurisdiction, including, without limitation, any New York state or United States Federal Court located in the southern district of New York, as Bank may elect, and by execution and delivery of this note, Borrower hereby irrevocably submits to and accepts with regard to any such suit, legal action or proceeding, for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. Borrower hereby irrevocably consents to the service of process in any such suit, legal action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, return receipt requested, to borrower at its address set forth herein. The foregoing shall not limit the right of Bank to serve process in any other manner permitted by law or to bring any suit, legal action or proceeding or to obtain execution of judgment in any other jurisdiction. 12.2 Borrower hereby irrevocably waives any objection which borrower may now or hereafter have to the laying of venue of any suit, legal action or proceeding arising directly or indirectly under or relating to this note or any other loan document in any state or federal court located in any jurisdiction, including without limitation, any state or federal court located in the southern district of New York chosen by Bank in accordance with this Section xxii 12 and hereby further irrevocably waives any claim that a court located in the southern district of New York is not a convenient forum for any such suit, legal action or proceeding. 12.3 Borrower hereby irrevocably agrees that any suit, legal action or proceeding commenced by Borrower with respect to any rights or obligations arising directly or indirectly under or relating to this note or any other loan document (except as expressly set forth therein to the contrary) shall be brought exclusively in any New York state or United States Federal Court located in the southern district of New York. 12.4 Borrower hereby waives any defense or claim based on marshaling of assets or election or remedies or guaranties.. WEST\291919990.7 12.5 Borrower and Bank (by its acceptance of this Agreementnote) hereby irrevocably waive all right to trial by jury in any action, proceeding or counterclaim arising out of or relating to any obligation of Borrower or this note or any other loan document.

JURISDICTION AND JURY TRIAL WAIVER. 12.1 Borrower hereby irrevocably consents that any suit, legal action action, or proceeding against borrower Borrower or any of its properties with respect to any of the rights or obligations arising directly or indirectly under or relating to this note Agreement or any other loan document Loan Document may be brought in any jurisdiction, including, without limitation, any New York state State or United States Federal Court located in the southern district Southern District of New York, as Bank may elect, and by execution and delivery of this noteAgreement, Borrower hereby irrevocably submits to and accepts with regard to any such suit, legal action action, or proceeding, for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. Borrower hereby irrevocably consents to the service of process in any such suit, legal action action, or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, return receipt requested, to borrower Borrower at its address set forth herein. The foregoing shall not limit the right of Bank to serve process in any other manner permitted by law or to bring any suit, legal action or proceeding or to obtain execution of judgment in any other jurisdiction. 12.2 Borrower hereby irrevocably waives any objection which borrower Borrower may now or hereafter have to the laying of venue of any suit, legal action action, or proceeding arising directly or indirectly under or relating to this note Agreement or any other loan document Loan Document in any state or federal court located in any jurisdiction, including without limitation, any state or federal court located in the southern district Southern District of New York chosen by Bank in accordance with this Section xxii Article 12 and hereby further irrevocably waives any claim that a court located in the southern district Southern District of New York is not a convenient forum for any such suit, legal action action, or proceeding. 12.3 Borrower hereby irrevocably agrees that any suit, legal action or proceeding commenced by Borrower with respect to any rights or obligations arising directly or indirectly under or relating to this note Agreement or any other loan document Loan Document (except as expressly set forth therein to the contrary) shall be brought exclusively in any New York state State or United States Federal Court located in the southern district Southern District of New York. 12.4 Borrower hereby waives any defense or claim based on marshaling of assets or election or remedies or guaranties. 12.5 Borrower and Bank (by its acceptance of this Agreement) hereby irrevocably waive all right to trial by jury in any action, proceeding proceeding, or counterclaim arising out of or relating to any obligation of Borrower or this note Agreement or any other loan documentLoan Document.

JURISDICTION AND JURY TRIAL WAIVER. 12.1 Borrower (a) Each of the parties ---------------------------------- hereto hereby irrevocably acknowledges and consents that any suit, legal action or proceeding against borrower or any of its properties brought with respect to any of the rights or obligations arising directly or indirectly under or relating to this note or any other loan document Agreement may be brought in any jurisdiction, including, without limitation, any New York state the courts of the State of Georgia or in the United States Federal District Court located in for the southern district Northern District of New YorkGeorgia, as Bank the party bringing such action or proceeding may elect, elect and by execution and delivery each of this note, Borrower the parties hereto hereby irrevocably submits to and accepts with regard to any such suit, legal action or proceeding, for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. Borrower Each party hereby further irrevocably waives any claim that any such courts lack jurisdiction over such party, and agrees not to plead or claim, in any legal action or proceeding with respect to this Agreement or the transactions contemplated hereby brought in any of the aforesaid courts, that any such court lacks jurisdiction such party. Each party irrevocably consents to the service of process in any such suit, legal action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, return receipt requestedto such party, to borrower at its address for notices set forth hereinin Section 10.6, such service to become effective 10 days after such mailing. Each party hereby irrevocably waives any objection to such service of process and further irrevocably waives and agrees not to plead or claim in any action or proceeding commenced hereunder or under any other documents contemplated hereby that service of process was in any way invalid or ineffective. The foregoing shall not limit the right rights of Bank any party to serve process in any other manner permitted by law or law. The foregoing consents to bring jurisdiction shall not constitute general consents to service of process for any suit, legal action or proceeding or purpose except as provided above and shall not be deemed to obtain execution of judgment in confer rights on any Person other jurisdictionthan the respective parties to this Agreement. 12.2 Borrower (b) To the fullest extent permitted by applicable law, each of the parties hereto hereby irrevocably waives any the objection which borrower it may now or hereafter have to the laying of the venue of any suit, legal action or proceeding arising directly or indirectly under out of or relating to this note Agreement or any other loan document the transactions contemplated hereby in any state or federal court located of the Courts referred to in any jurisdiction, including without limitation, any state or federal court located in the southern district of New York chosen by Bank in accordance with this Section xxii 10.12(a) and hereby further irrevocably waives any and agrees not to plead or claim that a any such court located in the southern district of New York is not a convenient forum for any such suit, legal action or proceeding. 12.3 Borrower hereby irrevocably agrees (c) The parties hereto agree that any suit, legal action judgment obtained by any party hereto or proceeding commenced by Borrower with respect to any rights its successors or obligations arising directly or indirectly under or relating to this note or any other loan document (except as expressly set forth therein to the contrary) shall be brought exclusively in any New York state or United States Federal Court located in the southern district of New York. 12.4 Borrower hereby waives any defense or claim based on marshaling of assets or election or remedies or guaranties. 12.5 Borrower and Bank (by its acceptance of this Agreement) hereby irrevocably waive all right to trial by jury assigns in any action, suit or proceeding referred to above may, in the discretion of such party (or counterclaim its successors, or assigns), be enforced in any jurisdiction, to the extent permitted by applicable law. (d) To the fullest extent permitted by applicable law, each of the parties hereby irrevocably waives any right to a trial by jury which it may now or hereafter have in any suit, action or proceeding arising out of or relating to any obligation of Borrower this Agreement or this note or any other loan documentthe transactions contemplated hereby.

JURISDICTION AND JURY TRIAL WAIVER. 12.1 Borrower Borrowers hereby irrevocably consents that any suit, legal action or proceeding against borrower a Borrower or any of its properties with respect to any of the rights or obligations arising directly or indirectly under or relating to this note Agreement or any other loan document Loan Document may be brought in any jurisdiction, including, without limitation, any New York state State or United States Federal Court located in the southern district Southern District of New York, as Bank may elect, and by execution and delivery of this noteAgreement, each Borrower hereby irrevocably submits to and accepts with regard to any such suit, legal action action, or proceeding, for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. Each Borrower hereby irrevocably consents to the service of process in any such suit, legal action action, or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, return receipt requested, to borrower a Borrower at its address set forth herein. The foregoing shall not limit the right of Bank to serve process in any other manner permitted by law or to bring any suit, legal action action, or proceeding or to obtain execution of judgment in any other jurisdiction. 12.2 Each Borrower hereby irrevocably waives any objection which borrower a Borrower may now or hereafter have to the laying of venue of any suit, legal action action, or proceeding arising directly or indirectly under or relating to this note Agreement or any other loan document Loan Document in any state or federal court located in any jurisdiction, including without limitation, any state or federal court located in the southern district Southern District of New York chosen by Bank in accordance with this Section xxii Article 12 and hereby further irrevocably waives any claim that a court located in the southern district Southern District of New York is not a convenient forum for any such suit, legal action action, or proceeding. 12.3 Each Borrower hereby irrevocably agrees that any suit, legal action action, or proceeding commenced by a Borrower with respect to any rights or obligations arising directly or indirectly under or relating to this note Agreement or any other loan document Loan Document (except as expressly set forth therein to the contrary) shall be brought exclusively in any New York state State or United States Federal Court located in the southern district Southern District of New York. 12.4 Each Borrower hereby waives any defense or claim based on marshaling of assets or election or remedies or guaranties. 12.5 Each Borrower and Bank (by its acceptance of this Agreement) hereby irrevocably waive all right to trial by jury in any action, proceeding proceeding, or counterclaim arising out of or relating to any obligation of Borrower Borrowers or this note Agreement or any other loan documentLoan Document.

JURISDICTION AND JURY TRIAL WAIVER. 12.1 Borrower hereby irrevocably consents that any suit, legal action or proceeding against borrower or any of its properties with respect to any of the rights or obligations arising directly or indirectly under or relating to this note Agreement or any other loan document Loan Document may be brought in any jurisdiction, including, without limitation, any New York state or United States Federal Court located in the southern district of New York, as Bank may elect, and by execution and delivery of this noteAgreement, Borrower hereby irrevocably submits to and accepts with regard to any such suit, legal action or proceeding, for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. Borrower hereby irrevocably consents to the service of process in any such suit, legal action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, return receipt requested, to borrower at its address set forth herein. The foregoing shall not limit the right of Bank to serve process in any other manner permitted by law or to bring any suit, legal action or proceeding or to obtain execution of judgment in any other jurisdiction.and 12.2 Borrower hereby irrevocably waives any objection which borrower may now or hereafter have to the laying of venue of any suit, legal action or proceeding arising directly or indirectly under or relating to this note Agreement or any other loan document Loan Document in any state or federal court located in any jurisdiction, including without limitation, any state or federal court located in the southern district of New York chosen by Bank in accordance with this Section xxii 12 and hereby further irrevocably waives any claim that a court located in the southern district of New York is not a convenient forum for any such suit, legal action or proceeding. 12.3 Borrower hereby irrevocably agrees that any suit, legal action or proceeding commenced by Borrower with respect to any rights or obligations arising directly or indirectly under or relating to this note Agreement or any other loan document Loan Document (except as expressly set forth therein to the contrary) shall be brought exclusively in any New York state or United States Federal Court located in the southern district of New York. 12.4 Borrower hereby waives any defense or claim based on marshaling of assets or election or remedies or guaranties. 12.5 Borrower and Bank (by its acceptance of entry into this Agreement) hereby irrevocably waive all right to trial by jury in any action, proceeding or counterclaim arising out of or relating to any obligation of Borrower or this note Agreement or any other loan documentLoan Document. 13.