Common use of Jurisdiction and Waiver Clause in Contracts

Jurisdiction and Waiver. Applicant hereby irrevocably submits to the non-exclusive jurisdiction of any State or Federal court sitting in the city, county, or district in which the principal office of Banc of America is located over any action or proceeding arising out of or relating to the Agreement, and Applicant hereby irrevocably agrees that all claims in respect to such action or proceeding may be heard and determined in such State or Federal court. Applicant hereby irrevocably waives to the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of such action or proceeding and the lack of personal jurisdiction. To the fullest extent it may lawfully and effectively do so, each of Applicant and Banc of America waives the right to trial by jury. Applicant irrevocably consents to the service of any and all process in any such action or proceeding by the mailing of copies of such process to Applicant at the last business address furnished by Applicant to Banc of America. Applicant agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Nothing, however, in this Section 14, shall affect the right of Banc of America to serve legal process in any other manner permitted by law or affect the right of Banc of America to bring any action or proceeding against Applicant or its property in the courts of any other jurisdiction. Moreover, to the extent that Applicant has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution or otherwise) with respect to itself or its property, Applicant hereby irrevocably waives such immunity in respect of its obligations under the Agreement.

Appears in 1 contract

Samples: Application and Agreement for Standby Letter of Credit (Rent a Wreck of America Inc)

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Jurisdiction and Waiver. Applicant hereby irrevocably submits to the non-exclusive jurisdiction of any State or Federal court sitting in the city, county, or district in which the principal office of Banc of America NationsBank is located over any action or proceeding arising out of or relating to the Agreement, and Applicant hereby irrevocably agrees that all claims in respect to such action or proceeding may be heard and determined in such State or Federal court. Applicant hereby irrevocably waives to the fullest extent it may effectively do soAPPLICANT HEREBY IRREVOCABLY WAIVES TO THE FULLEST EXTENT IT MAY EFFECTIVELY DO SO, the defense of an inconvenient forum to the maintenance of such action or proceeding and the lack of personal jurisdictionTHE DEFENSE OF AN INCONVENIENT FORUM TO THE MAINTENANCE OF SUCH ACTION OR PROCEEDING AND THE LACK OF PERSONAL JURISDICTION. To the fullest extent it may lawfully and effectively do soTO THE FULLEST EXTENT IT MAY LAWFULLY AND EFFECTIVELY DO SO, each of Applicant and Banc of America waives the right to trial by juryEACH OF APPLICANT AND NATIONSBANK WAIVES THE RIGHT TO TRIAL BY JURY. Applicant irrevocably consents to the service of any and all process in any such action or proceeding by the mailing of copies of in any such process to Applicant at the last business address furnished by Applicant to Banc of AmericaNationsBank. Applicant agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Nothing, however, in this Section 14, shall affect the right of Banc of America NationsBank to serve legal process in any other manner permitted by law or affect the right of Banc of America NationsBank to bring any action or proceeding against Applicant or its property in the courts of any other jurisdiction. Moreover, to the extent that Applicant has or hereafter may acquire any immunity from jurisdiction of or any court or from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution or otherwise) otherwise with respect to itself or its property, . Applicant hereby irrevocably revocably waives such immunity in respect of its obligations under the Agreement.

Appears in 1 contract

Samples: Credit Agreement (Leslie Resources Inc)

Jurisdiction and Waiver. Applicant hereby irrevocably submits to the non-exclusive jurisdiction of any State or Federal court sitting in the city, county, or district in which the principal office of Banc of America NationsBank is located over any action or proceeding arising out of or relating to the Agreement, and Applicant hereby irrevocably agrees that all claims in respect to such action or proceeding may be heard and determined in such State or Federal court. Applicant hereby irrevocably waives to the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of such action or proceeding and the lack of personal jurisdiction,. To the fullest extent it may lawfully and effectively do so, each of Applicant and Banc of America NationsBank waives the right to trial by jury. Applicant irrevocably consents to the service of any and all process in any such action or proceeding by the mailing of copies of such process to Applicant at the last business address furnished by Applicant to Banc of AmericaNationsBank. Applicant agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Nothing, however, in this Section 14, shall affect the right of Banc of America NationsBank to serve legal process in any other manner permitted by law or affect the right of Banc of America NationsBank to bring any action or proceeding against Applicant or its property in the courts of any other jurisdiction. Moreover, to the extent that Applicant has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution or otherwise) with respect to itself or its property, . Applicant hereby irrevocably waives such immunity in respect of its obligations under the Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Travis Boats & Motors Inc)

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Jurisdiction and Waiver. Applicant hereby irrevocably submits to the non-exclusive jurisdiction of any State or Federal court sitting in the city, county, or district in which the principal office of Banc of America NationsBank is located over any action or proceeding arising out of or relating to the Agreement, and Applicant hereby irrevocably agrees that all claims in respect to such action or proceeding may be heard and determined in such State or Federal court. Applicant hereby irrevocably waives to the fullest extent it may effectively do soAPPLICANT HEREBY IRREVOCABLY WAIVES TO THE FULLEST EXTENT IT MAY EFFECTIVELY DO SO, the defense of an inconvenient forum to the maintenance of THE DEFENSE OF AN INCONVENIENT FORUM TO THE MAINTENANCE OF SUCH ACTION OR PROCEEDING AND THE LACK OF PERSONAL JURISDICTION. TO THE FULLEST EXTENT IT MAY LAWFULLY AND EFFECTIVELY DO SO, EACH OF APPLICANT AND NATIONSBANK WAIVES THE RIGHT TO TRIAL BY JURY in any such action or proceeding and the lack of personal jurisdiction. To the fullest extent it may lawfully and effectively do so, each of Applicant and Banc of America waives the right to trial by juryproceeding. Applicant irrevocably consents to the service of any and all process in any such action or proceeding by the mailing of copies of such process to Applicant at the last business address furnished by Applicant to Banc of AmericaNationsBank. Applicant agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Nothing, however, in this Section 14, 14 shall affect the right of Banc of America NationsBank to serve legal process in any other manner permitted by law or affect the right of Banc of America NationsBank to bring any action or proceeding against Applicant or its property in the courts of any other jurisdiction. Moreover, to the extent that Applicant has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, Applicant hereby irrevocably waives such immunity in respect of its obligations under the Agreement.or

Appears in 1 contract

Samples: Revolving Credit Agreement (Alliance Capital Management Lp)

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