Common use of Jurisdiction, Etc Clause in Contracts

Jurisdiction, Etc. (a) Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdictions of any New York State court and any California State court or federal court of the United States of America sitting in New York City or San Diego, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or the Notes, if any, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California State court or, to the extent permitted by law, in such federal court. Each of the parties hereto 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 in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or the Notes in the courts of any jurisdiction. (b) Each of the parties hereto irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or the Notes in any New York State or federal court. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.

Appears in 1 contract

Samples: Credit Agreement (Qualcomm Inc/De)

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Jurisdiction, Etc. (a) Each From and after the Effective Date, each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdictions jurisdiction of any New York State court and any California State court or federal Federal court of the United States of America sitting in New York City or San DiegoCity, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or any of the Notes, if anyother Loan Documents to which it is a party, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California State court or, to the fullest extent permitted by law, in such federal Federal court. Each of the Loan Parties hereby agrees that service of all process in any such proceeding in any such court may be made by registered mail or certified mail, return receipt requested, to such Loan Party at its address provided in Section 8.02. Each of the parties hereto 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 in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or any of the Notes other Loan Documents in the courts of any jurisdiction. (b) Each of the parties hereto irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or any of the Notes other Loan Documents to which it is a party in any New York State or federal Federal court. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.

Appears in 1 contract

Samples: Credit Agreement (Icg Communications Inc /De/)

Jurisdiction, Etc. (a) i. Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdictions jurisdiction of any New York State court and any California State court or federal Federal court of the United States of America sitting in New York City or San DiegoCity, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or any of the Notes, if anyother Loan Documents to which it is a party, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California State court or, to the fullest extent permitted by law, in such federal Federal court. Each of the parties hereto 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 Except as provided in Section 9.15, nothing in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or any of the Notes other Loan Documents in the courts of any jurisdiction. (b) ii. Each of the parties hereto irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or any of the Notes other Loan Documents to which it is a party in any New York State or federal Federal court. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.

Appears in 1 contract

Samples: Senior Secured Term Loan Credit Agreement (U.S. Well Services, Inc.)

Jurisdiction, Etc. (a) Each of the parties hereto The Borrower hereby ------------------ irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdictions jurisdiction of the United States District Court for the Southern District of New York and any New York State court and any California State court or federal court of the United States of America sitting in New York City or San DiegoCity, and any appellate court from any thereof, in any action or proceeding for the purpose of all legal proceedings arising out of or relating to this Agreement or the Notes, if any, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California State court or, to the extent permitted by law, in such federal Federal court. Each of the parties hereto The Borrower hereby 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 in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or the Notes in the courts of any jurisdiction. (b) Each of the parties hereto The Borrower irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do sopermitted by applicable law, any objection that it may now or hereafter have to the laying of the venue of any suit, action or such proceeding arising out of or relating to this Agreement or the Notes brought in such a court and any New York State or federal court. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of claim that any such proceeding brought in such a court has been brought in an inconvenient forum to the maintenance of such action or proceeding in any such courtforum.

Appears in 1 contract

Samples: Credit Agreement (New England Investment Companies L P)

Jurisdiction, Etc. (a) Each of the parties hereto hereby irrevocably and unconditionally submits, for itself such party and its such party’s property, to the nonexclusive jurisdictions jurisdiction of any New York State court and any California State court or federal court of the United States of America sitting in New York City or San DiegoCity, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or the Notes, if anyany other Loan Document, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California State court or, to the extent permitted by law, in such federal court. Each party hereto hereby waives personal service of any and all process issued in any such action or proceeding and agrees that service of any and all process may be made by reputable overnight courier or delivery system or any other means of service permitted under applicable law, addressed to such party at its address specified in the Basic Terms. Each of the parties hereto 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 in this Agreement or any other Loan Document shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or the Notes any other Loan Document in the courts of any other jurisdiction. (b) Each of the parties hereto irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or the Notes any other Loan Document in any New York State or federal court. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.

Appears in 1 contract

Samples: Revolving Line of Credit Agreement (Fuller Max L)

Jurisdiction, Etc. (a) Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdictions jurisdiction of any New York State court and any California State court or federal Federal court of the United States of America sitting in New York City or San DiegoCity, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or any of the Notes, if anyother Loan Documents to which it is a party, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California State court or, to the fullest extent permitted by law, in such federal Federal court. Each of the parties hereto 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 Except as provided in Section 8.15, nothing in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or any of the Notes other Loan Documents in the courts of any jurisdiction. . US 7362483v.35 (b143) Each of the parties hereto irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or any of the Notes other Loan Documents to which it is a party in any New York State or federal Federal court. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.

Appears in 1 contract

Samples: Credit Agreement (Kosmos Energy Ltd.)

Jurisdiction, Etc. (a) Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdictions jurisdiction of any New York State court and any California State state court or United States federal court of the United States of America sitting in New York City or San DiegoYork, New York, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or the Notes, if anyNote, or for recognition or enforcement of any judgment, and each of the parties hereto Obligor hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California State court or, to the extent permitted by law, in such any New York federal court. Each of the parties hereto The Obligor 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 in this Agreement Note shall affect any right that any party the Holder may otherwise have to bring any action or proceeding relating to this Agreement or the Notes Note in the courts of any jurisdiction. (b) Each of the parties hereto . The Obligor irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or the Notes Note in any New York State state court or New York federal court. Each of the parties hereto The Obligor hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such suit, action or proceeding in any such court.

Appears in 1 contract

Samples: Note Agreement (Genius Products Inc)

Jurisdiction, Etc. (ai) Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdictions non-exclusive jurisdiction of any New York State court and any California State court or federal Federal court of the United States of America sitting in New York City or San DiegoCity, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or any of the Notes, if anyother Financing Documents to which it is a party, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California State court or, to the fullest extent permitted by law, in such federal Federal court. Each of the parties hereto 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 in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or any of the Notes other Financing Documents in the courts of any jurisdiction. (bii) Each of the parties hereto irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or any of the Notes other Financing Documents to which it is a party in any New York State or federal Federal court. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.

Appears in 1 contract

Samples: Amendment No. 3 (Aesc) (Allegheny Energy, Inc)

Jurisdiction, Etc. (a) Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdictions jurisdiction of any New York State state court and any California State court sitting in New York City or federal court of the United States of America sitting in the Southern District of New York City or San Diego, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or the Notes, if anyNotes or the transactions contemplated hereby, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California State court or, to the extent permitted by law, in such federal court. Each of the parties hereto 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 in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or the Notes in the courts of any jurisdiction. (b) Each of the parties hereto irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or the Notes in any New York State state or federal court. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.

Appears in 1 contract

Samples: Revolving Credit Agreement (Donnelley R R & Sons Co)

Jurisdiction, Etc. (a) Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdictions jurisdiction of any New York State court and any California Texas State court or federal Federal court of the United States of America sitting in New York City or San DiegoDallas, Texas, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or any of the Notes, if anyother Loan Documents to which it is a party, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California Texas State court or, to the fullest extent permitted by law, in such federal Federal court. Each of the parties hereto 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 in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or any of the Notes other Loan Documents in the courts of any jurisdiction. (b) Each of the parties hereto irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or any of the Notes other Loan Documents to which it is a party in any New York Texas State or federal courtFederal court of the United States of America sitting in Dallas, Texas. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court. (c) Notwithstanding the foregoing, any action to enforce any Mortgage shall be brought in the State of New Jersey.

Appears in 1 contract

Samples: Credit Agreement (Trump Entertainment Resorts Holdings Lp)

Jurisdiction, Etc. (a) Each Any legal action or proceeding with respect to this Agreement and any action for enforcement of any judgment in respect thereof may be brought in the courts of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdictions State of any New York State court and any California State court or federal court of the United States of America sitting in for the Southern District of New York City or San DiegoYork, and, by execution and any appellate court from any thereofdelivery of this Agreement, in any action or proceeding arising out of or relating to this Agreement or the Notes, if any, or each Pledgor hereby accepts for recognition or enforcement of any judgment, itself and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard its property, generally and determined in any such New York State court or any such California State court orunconditionally, the non-exclusive jurisdiction of the aforesaid courts and appellate courts. Each Pledgor irrevocably consents to the extent permitted by law, in such federal court. Each service of process out of any of the parties hereto agrees that a final judgment aforementioned courts in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment mailing of copies thereof by registered or in any other manner provided by law. Nothing in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or the Notes in the courts of any jurisdiction. (b) Each of the parties hereto irrevocably and unconditionally waivescertified mail, postage prepaid, to the fullest extent it may legally and effectively do so, such Pledgor at its address set forth in Section 14 hereof. Each Pledgor hereby irrevocably waives any objection that which it may now or hereafter have to the laying of venue of any suit, action of the aforesaid actions or proceeding proceedings arising out of or relating to in connection with this Agreement brought in the courts referred to above and hereby further irrevocably waives and agrees not to plead or the Notes claim in any New York State or federal court. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such court that any such action or proceeding brought in any such courtcourt has been brought in an inconvenient forum. Nothing herein shall affect the right of Pledgee to serve process in any other manner permitted by law or to commence legal proceedings or otherwise proceed against any Pledgor in any other jurisdiction.

Appears in 1 contract

Samples: Equity Interest Pledge and Security Agreement (Reckson Services Industries Inc)

Jurisdiction, Etc. The Sponsor hereby irrevocably and unconditionally: (a) Each of the parties hereto hereby irrevocably and unconditionally submits, submits for itself and its propertyproperty in any legal action or proceeding relating to this Sponsor Agreement and the other Financing Documents to which it is a party, or for recognition and enforcement of any judgement in respect thereof, to the nonexclusive jurisdictions non-exclusive general jurisdiction of any the Courts of the State of New York State court and any California State court or federal court York, the courts of the United States of America sitting in for the Southern District of New York City or San DiegoYork, and any appellate court courts from any thereof, in any action or proceeding arising out of or relating to this Agreement or the Notes, if any, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees ; (b) consents that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California State court or, to the extent permitted by law, brought in such federal court. Each of the parties hereto agrees that a final judgment in any such action or proceeding shall be conclusive courts and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Nothing in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or the Notes in the courts of any jurisdiction. (b) Each of the parties hereto irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, waives any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or the Notes in any New York State or federal court. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such courtcourt or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered mail (or substantially similar form of mail), postage prepaid, to the Sponsor at its address set forth in Section 8 or at such other address of which the Administrative Agent shall have been notified pursuant thereto; (d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to sue xx any other jurisdiction; and (e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary or punitive damages (including, without limitation, damages arising from the use of electronic, telecommunications or other information transmissions systems in connection with the Financing Documents).

Appears in 1 contract

Samples: Sponsor Agreement (El Paso Energy Partners Lp)

Jurisdiction, Etc. (a) Each of the parties party hereto hereby irrevocably and unconditionally submitsagrees that it will not commence any action, for itself and its property, to the nonexclusive jurisdictions litigation or proceeding of any kind or description, whether in law or equity, whether in contract or in tort or otherwise, against the Administrative Agent, any Lender, or any Related Party of the foregoing in any way relating to this Agreement or the transactions relating hereto, in any forum other than the courts of the State of New York State court sitting in New York County, and any California State court or federal court of the United States District Court of America sitting in the Southern District of New York City or San DiegoYork, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or the Notes, if any, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California State court or, to the extent permitted by law, in such federal court. Each of the parties hereto 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 in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or the Notes in the courts of any jurisdiction.hereto (b) Each of the parties hereto irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or the Notes in any such New York State or federal court. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court. (c) Each party hereto irrevocably consents to service of process in the manner provided for notices in Section 8.02. Nothing in this Agreement will affect the right of any party hereto to serve process in any other manner permitted by applicable law.

Appears in 1 contract

Samples: Credit Agreement (Colgate Palmolive Co)

Jurisdiction, Etc. (a) Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdictions jurisdiction of any New York State court and any California State state court or any federal court of the United States of America sitting in New York City or San DiegoCity, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or the Notes, if any, or for recognition or enforcement of any judgmentjudgment in respect thereof, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California State state court or, to the extent permitted by law, in any such federal courtxxxxxxx xxxxx. Each of the parties hereto 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 in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or the Notes in the courts of any jurisdiction. (b) Each of the parties hereto irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or the Notes in any New York State state or federal court. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.

Appears in 1 contract

Samples: 364 Day Credit Agreement (True North Communications Inc)

Jurisdiction, Etc. (a) a. Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdictions non-exclusive jurisdiction of any New York State court and any California State court or federal court of the United States of America sitting in New York City or San DiegoCounty, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or the Notes, if anyother Loan Documents, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California State court or, to the extent permitted by law, in such federal Federal court. Each of the parties hereto 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 in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or the Notes in the courts of any jurisdiction. (b) b. Each of the parties hereto hereby irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or the Notes other Loan Documents in any New York State or federal courtFederal court of the United States of America sitting in New York County. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court. c. Each party to this Agreement irrevocably consents to service of process in the manner provided for notices in Section 6.02. Nothing in this Agreement will affect the right of any party to this Agreement to serve process in any other manner permitted by law.

Appears in 1 contract

Samples: Five Year Revolving Credit Agreement (International Lease Finance Corp)

Jurisdiction, Etc. (a) Each of the parties hereto hereby irrevocably and unconditionally submits, for itself such party and its such party's property, to the nonexclusive jurisdictions jurisdiction of any New York State court and any California State Washington state court or federal court of the United States of America sitting in New York City or San DiegoSeattle, Washington, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or any of the Notes, if anytransactions contemplated hereby, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California Washington State court or, to the extent permitted by law, in such federal court. Each of the parties hereto 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 in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or any of the Notes transactions contemplated hereby in the courts of any jurisdiction. (b) Each of the parties hereto irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or any of the Notes transactions contemplated hereby in any New York Washington State or federal court. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.

Appears in 1 contract

Samples: Operating Agreement (Shurgard Storage Centers Inc)

Jurisdiction, Etc. (a) Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdictions jurisdiction of any New York State court and any California State court or federal Federal court of the United States of America sitting in New York City or San DiegoCity, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or any of the Notes, if anyother Loan Documents to which it is a party, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California State court or, to the fullest extent permitted by law, in such federal Federal court. Each of the parties hereto 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 in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or any of the Notes other Loan Documents in the courts of any jurisdiction. (b) . Each of the parties hereto irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or any of the Notes other Loan Documents to which it is a party in any New York State or federal Federal court. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.

Appears in 1 contract

Samples: Credit Agreement (Stage Stores Inc)

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Jurisdiction, Etc. (ai) (i) Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdictions exclusive jurisdiction of any New York State court and any California State court or federal Federal court of the United States of America sitting in the County and City of New York City or San DiegoYork, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or the Notes, if anyother Loan Documents, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California State court or, to the extent permitted by law, in such federal Federal court. Each of the parties hereto 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 in this Agreement shall affect any right that any party Secured Party may otherwise have to bring any action or proceeding relating to this Agreement or the Notes other Loan Documents against the Loan Parties or their properties in the courts of any jurisdiction. (bii) Each of the parties hereto irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that which it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement agreement or the Notes other Loan Documents in any New York State or federal Federal court. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.

Appears in 1 contract

Samples: Security Agreement (Hersha Hospitality Trust)

Jurisdiction, Etc. (a) Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdictions jurisdiction of any New York State court and any California State court or federal court of the United States of America sitting in New York City or San DiegoCity, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement Agreement, the Notes or the Notes, if anyother Loan Documents to which it is a party, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California State court or, to the extent permitted by law, in such federal court. Each of the parties hereto 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 in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement Agreement, the Notes or the Notes other Loan Documents to which it is a party in the courts of any jurisdiction. (b) Each of the parties hereto irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement Agreement, the Notes or the Notes other Loan Documents to which it is a party in any New York State or federal court. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.

Appears in 1 contract

Samples: Revolving Credit Agreement (Rayonier Inc)

Jurisdiction, Etc. (a) Each of the parties hereto The undersigned hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdictions jurisdiction of any New York State court and any California State court or federal Federal court of the United States of America sitting in New York City or San DiegoCity, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or any of the Notes, if anyother Loan Documents to which it is a party, or for recognition or enforcement of any judgment, and each of the parties hereto undersigned hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California State court or, to the fullest extent permitted by law, in such federal Federal court. Each of the parties hereto The undersigned 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 in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or any of the Notes other Loan Documents in the courts of any jurisdiction. (b) Each of the parties hereto The undersigned irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or any of the Notes other Loan Documents to which it is a party in any New York State or federal Federal court. Each of the parties hereto The undersigned hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Pac-West Telecomm Inc)

Jurisdiction, Etc. (a) Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdictions jurisdiction of any New York State court and any California State court or federal court of the United States of America sitting in the Borough of Manhattan, New York City or San DiegoCity, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or the Notes, if any, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California State court or, to the extent permitted by law, in such federal court. The Borrower hereby further irrevocably consents to the service of process in any action or proceeding in such courts by the mailing thereof by any party hereto by registered or certified mail, postage prepaid, to the Borrower at its address specified pursuant to Section 8.02. Each of the parties hereto 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 in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or the any Notes in the courts of any jurisdiction. (b) Each of the parties hereto irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or the any Notes in any New York State or federal courtcourt referred to in Section 8.12(a) above. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.

Appears in 1 contract

Samples: Credit Agreement (Interpublic Group of Companies, Inc.)

Jurisdiction, Etc. (a) Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdictions jurisdiction of the Bankruptcy Court or of any New York State court and any California State court or federal court of the United States of America sitting in New York City or San DiegoCity, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or any of the Notes, if anyother Loan Documents to which it is a party, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in the Bankruptcy Court or in any such New York State court or any such California State court or, to the extent permitted by law, in such federal court. Each of the parties hereto 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 in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or any of the Notes other Loan Documents in the courts of any jurisdiction. (b) Each of the parties hereto irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or any of the Notes other Loan Documents to which it is a party in the Bankruptcy Court or in any New York State or federal court. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.

Appears in 1 contract

Samples: Debtor in Possession Credit Agreement (Stage Stores Inc)

Jurisdiction, Etc. (a) Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdictions jurisdiction of any New York State court and any California State state court or federal court of the United States of America sitting in New York City or San DiegoCity, and any appellate court from any thereof, thereon in any action or proceeding arising out of or relating to this Agreement or the Notes, if anyAgreement, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California State state court or, to the extent permitted by law, in such federal court. Each of the parties hereto 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 in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or the Notes in the courts of any jurisdiction. (b) Each of the parties hereto irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or the Notes in any such New York State state court or federal court. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.

Appears in 1 contract

Samples: Stock Purchase Agreement (Compost America Holding Co Inc)

Jurisdiction, Etc. (a) Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdictions jurisdiction of any New York State court and any California State state court or United States federal court of the United States of America sitting in New York City or San DiegoLos Angeles, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or any of the Notes, if anyother Loan Documents, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California State court state or, to the extent permitted by law, in such federal court. Each of the parties hereto 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 in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or any of the Notes other Loan Documents in the courts of any other jurisdiction. (b) . Each of the parties hereto irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or any of the Notes other Loan Documents in any New York State state or federal courtcourt specified in Section 11. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of any such action or proceeding in any such court.

Appears in 1 contract

Samples: Creditors Agreement (Entrade Inc)

Jurisdiction, Etc. (a) Each of the parties The Borrower hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdictions jurisdiction of any New York State court and any California State court or federal court of the United States of America sitting in New York City or San DiegoCity, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or any of the Notes, if anyother Loan Documents to which it is a party, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California State court or, to the extent permitted by law, in such federal court. Each of the parties The Borrower hereto 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 in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or any of the Notes other Loan Documents in the courts of any jurisdiction. (b) Each of the parties The Borrower hereto irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or any of the Notes other Loan Documents to which it is a party in any New York State or federal court. Each of the parties The Borrower hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.

Appears in 1 contract

Samples: Credit Agreement (Powertel Inc /De/)

Jurisdiction, Etc. (a) Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdictions jurisdiction of any New York State court and any California State court or federal court of the United States of America sitting in New York City or San DiegoCity, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or any of the Notes, if anyother Credit Documents to which it is a party, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California State court or, to the extent permitted by law, in such federal court. Each of the parties hereto 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 in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or any of the Notes other Credit Documents in the courts of any jurisdiction. (b) Each of the parties hereto irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or any of the Notes other Credit Documents to which it is a party in any New York State or federal court. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.

Appears in 1 contract

Samples: Senior Subordinated Credit Agreement (Insignia Financial Group Inc /De/)

Jurisdiction, Etc. (a) Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdictions of any New York State court and any California State court or federal court jurisdiction of the United States Bankruptcy Court for the Eastern District of America sitting in New York City or San DiegoVirginia, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or any of the Notes, if anyother Loan Documents to which it is a party, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California State court or, to the extent permitted by law, in such federal courtcourts. Each of the parties hereto 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 in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or any of the Notes other Loan Documents in the courts of any jurisdiction. (b) Each of the parties hereto irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or any of the Notes other Loan Documents to which it is a party in any New York State or federal Federal court. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Ntelos Inc)

Jurisdiction, Etc. (a) Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdictions jurisdiction of any New York State court and any California State court or federal Federal court of the United States of America sitting in the Borough of Manhattan, New York City or San DiegoCity, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or the Notes, if anyTransaction Documents, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or any such California State court or, to the fullest extent permitted by law, in such federal Federal court. Each of the parties hereto 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 in this Agreement the Transaction Documents shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or the Notes in the courts of any jurisdiction. (ba) Each of the parties hereto irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or the Notes Transaction Documents to which it is a party in any New York State or federal Federal court. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.

Appears in 1 contract

Samples: Facility and Security Agreement (Dynegy Inc.)

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