Common use of Jurisdiction; Forum; Service of Process; Waiver of Jury Trial Clause in Contracts

Jurisdiction; Forum; Service of Process; Waiver of Jury Trial. With respect to any Action arising out of or relating to this Agreement, the Company and the Investors hereby irrevocably: (a) submit to (i) the exclusive jurisdiction of the Bankruptcy Court for so long as the Chapter 11 Cases are open or (ii) the jurisdiction of any New York State court or any Federal court of the United States sitting in New York for so long as the Chapter 11 Cases are not open, for any Action arising out of or relating to this Agreement or the other Transaction Documents and the transactions contemplated hereby and thereby (and the Company agrees not to commence any Action relating hereto or thereto except in such Court) and waives any objection to venue being laid in the Bankruptcy Court whether based on the grounds of forum non conveniens or otherwise; (b) consent to service of process in any Action by the mailing of copies thereof by registered or certified mail, postage prepaid, or by recognized international express carrier or delivery service, to the Company or each Investor at their respective addresses referred to in Section 11.6 hereof; provided, however, that nothing herein shall affect the right of any party hereto to serve process in any other manner permitted by law; and (c) waive, to the fullest extent permitted by law, any right it may have to a trial by jury in any Action directly, or indirectly arising out of, under or in connection with this Agreement or the other Transaction Documents.

Jurisdiction; Forum; Service of Process; Waiver of Jury Trial. With respect to any Action suit, action or proceeding ("Proceeding") arising out of or relating to this Agreement, the Company and the Investors Investor hereby irrevocably: (a) submit submits to (i) the exclusive jurisdiction of the Bankruptcy Court for so long as the Chapter 11 Cases are open or (ii) the jurisdiction of any New York State court or any Federal court courts of the United States sitting of America located in the State of New York for so long as and the Chapter 11 Cases are not opencourts of the State of New York (the "Selected Courts"), for any Action Proceeding arising out of or relating to this Agreement or the other Transaction Documents and the transactions contemplated hereby and thereby (and the Company agrees not to commence any Action Litigation relating hereto or thereto except in such CourtSelected Courts) and waives any objection to venue being laid in the Bankruptcy Court Selected Courts whether based on the grounds of forum non conveniens or otherwise; (b) consent consents to service of process in any Action Proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, or by recognized international express carrier or delivery service, to the Company or each the Investor at their respective addresses its address referred to in Section 11.6 hereof10.6; provided, however, that nothing herein shall affect the right of any party hereto to serve process in any other manner permitted by lawLaw; and (c) waivewaives, to the fullest extent permitted by lawLaw, any right it may have to a trial by jury in any Action directly, Proceeding directly or indirectly arising out of, under or in connection with this Agreement or the other Transaction DocumentsAgreement.

Jurisdiction; Forum; Service of Process; Waiver of Jury Trial. With respect to any Action suit, action or proceeding ("Proceeding") arising out of or relating to this Agreement, the Company and each of the Investors hereby irrevocably: (a) submit submits to (i) the exclusive jurisdiction of the Bankruptcy Court for so long as the Chapter 11 Cases are open or (ii) the jurisdiction of any New York State court or any Federal court courts of the United States sitting of America located in the State of New York for so long as and the Chapter 11 Cases are not opencourts of the State of New York (the "Selected Courts"), for any Action Proceeding arising out of or relating to this Agreement or the other Transaction Documents and the transactions contemplated hereby and thereby (and the Company agrees not to commence any Action Litigation relating hereto or thereto except in such CourtSelected Courts) and waives any objection to venue being laid in the Bankruptcy Court Selected Courts whether based on the grounds of forum non conveniens or otherwise; (b) consent consents to service of process in any Action Proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, or by recognized international express carrier or delivery service, to the Company or each Investor the Investors at their respective addresses referred to in Section 11.6 hereof10.6; provided, however, that nothing herein shall affect the right of any party hereto to serve process in any other manner permitted by lawLaw; and (c) waivewaives, to the fullest extent permitted by lawLaw, any right it may have to a trial by jury in any Action directly, Proceeding directly or indirectly arising out of, under or in connection with this Agreement or the other Transaction DocumentsAgreement.

Jurisdiction; Forum; Service of Process; Waiver of Jury Trial. With respect to any Action Proceeding arising out of or relating to this Agreement, the Company and the Investors each Party hereby irrevocably: (a) submit submits to the exclusive jurisdiction of the Bankruptcy Court, or in the event that the Bankruptcy Cases are no longer pending or the Bankruptcy Court does not have jurisdiction over the matters in question, the state and federal courts sitting in the Southern District of New York (iany such court, the “Selected Court”), for any Proceeding arising out of or relating to this Agreement and the transactions contemplated hereby (and agrees not to commence any Proceeding relating hereto except in such court) and waives any objection to venue being laid in the Selected Court whether based on the grounds of forum non conveniens or otherwise; provided that each of the Company and the Plan Investor hereby irrevocably submits to the exclusive jurisdiction of the Bankruptcy Court for so long as the Chapter 11 Bankruptcy Cases are open or (ii) the jurisdiction of any New York State court or any Federal court of the United States sitting in New York for so long as the Chapter 11 Cases are not open, for any Action arising out of or relating to this Agreement or the other Transaction Documents and the transactions contemplated hereby and thereby (and the Company agrees not to commence any Action relating hereto or thereto except in such Court) and waives any objection to venue being laid in the Bankruptcy Court whether based on the grounds of forum non conveniens or otherwisepending; (b) consent consents to service of process in any Action by the mailing of copies thereof by registered or certified mail, postage prepaid, or by recognized international express carrier or delivery service, to the Company or each Investor at their respective addresses referred to Proceeding in accordance with Section 11.6 hereof; provided, however, that nothing herein shall affect the right of any party hereto to serve process in any 10.6 (other manner permitted by lawthan email); and (c) waiveWAIVES, to the fullest extent permitted by lawTO THE FULLEST EXTENT PERMITTED BY LAW, any right it may have to a trial by jury in any Action directlyANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF, or indirectly arising out of, under or in connection with this Agreement or the other Transaction DocumentsUNDER OR IN CONNECTION WITH THIS AGREEMENT.

Jurisdiction; Forum; Service of Process; Waiver of Jury Trial. With respect to any Action suit, action or proceeding ("Proceeding") arising out of or relating to this Agreement, the Company and the Investors Plan Investor hereby irrevocably: (a) submit submits to (i) the exclusive jurisdiction of the Bankruptcy Court for so long as the Chapter 11 Bankruptcy Cases are open or (ii) the jurisdiction of any New York State court or any Federal court of the United States sitting in New York for so long as the Chapter 11 Cases are not open, for any Action Proceeding arising out of or relating to this Agreement or the other Transaction Documents and the transactions contemplated hereby and thereby (and the Company agrees not to commence any Action Proceeding relating hereto or thereto except in such Court) and waives any objection to venue being laid in the Bankruptcy Court whether based on the grounds of forum non conveniens or otherwise; (b) consent consents to service of process in any Action Proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, or by recognized international express carrier or delivery service, to the Company or each the Plan Investor at their respective addresses referred to in Section 11.6 9.5 hereof; provided, however, that nothing herein shall affect the right of any party hereto to serve process in any other manner permitted by law; and (c) waivewaives, to the fullest extent permitted by law, any right it may have to a trial by jury in any Action Proceeding directly, or indirectly arising out of, under or in connection with this Agreement or the other Transaction Documents.

Jurisdiction; Forum; Service of Process; Waiver of Jury Trial. With Except as provided in the Escrow Agreement, with respect to any Action suit, action or proceeding (“Proceeding”) arising out of or relating to this Agreementagreement each of the Company, the Company Parent and the Investors Acquiror hereby irrevocably: (a) submit to (i) the exclusive jurisdiction of the Bankruptcy Court for so long as the Chapter 11 Cases are open or (ii) the jurisdiction of any New York State court or any Federal court of the United States sitting in New York for so long as the Chapter 11 Cases are not open, for any Action Proceeding arising out of or relating to this Agreement or the other Transaction Documents and the transactions contemplated hereby and thereby (and the Company agrees not to commence any Action Proceeding relating hereto or thereto except in such Courtcourt) and waives any objection to venue being laid in the Bankruptcy Court whether based on the grounds of forum non conveniens or otherwise; (b) consent consents to service of process in any Action by the mailing of copies thereof by registered or certified mail, postage prepaid, or Proceeding by recognized international express carrier or delivery service, to the Company Company, the Parent or each Investor the Acquiror at their respective addresses referred to in Section 11.6 hereof10.5; provided, however, that nothing herein shall affect the right of any party hereto to serve process in any other manner permitted by law; and (c) waiveWAIVES, to the fullest extent permitted by lawTO THE FULLEST EXTENT PERMITTED BY LAW, any right it may have to a trial by jury in any Action directlyANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, or indirectly arising out ofPROCEEDING OR LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, under or in connection with this Agreement or the other Transaction DocumentsUNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTION DOCUMENTS.

Jurisdiction; Forum; Service of Process; Waiver of Jury Trial. With respect to any Action suit, action or proceeding ("Proceeding") arising out of or relating to this Agreement, Agreement each of the Company and the Plan Investors hereby irrevocably: (a) submit submits to (i) the exclusive jurisdiction of the Bankruptcy Court for so long as courts of the Chapter 11 Cases are open or (ii) the jurisdiction State of any New York State court or any Federal court Illinois and of the United States sitting of America, in New York for so long as each case located in Cook County (the Chapter 11 Cases are not open"Selected Courts"), for any Action including the Bankruptcy Court, fxx xny Proceeding arising out of or relating to this Agreement or the other Transaction Documents and the transactions contemplated hereby and thereby (and the Company agrees not to commence any Action Proceeding relating hereto or thereto except in such Courtcourts) and waives any objection to venue being laid in the Bankruptcy Court Selected Courts whether based on the grounds of forum non conveniens or otherwise; provided that each of the Company and the Plan Investors hereby irrevocably submits to the exclusive jurisdiction of the Bankruptcy Court for so long as the Bankruptcy Cases are pending; (b) consent consents to service of process in any Action Proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, or by recognized international express carrier or delivery service, to the Company or each Investor the Plan Investors at their respective addresses referred to in Section 11.6 9.5 hereof; provided, however, that nothing herein shall affect the right of any party hereto to serve process in any other manner permitted by law; and (c) waive, to the fullest extent permitted by law, any right it may have to a trial by jury in any Action directly, or indirectly arising out of, under or in connection with this Agreement or the other Transaction Documents.

Jurisdiction; Forum; Service of Process; Waiver of Jury Trial. With respect to any Action suit, action or proceeding ("Proceeding") arising out of or relating to this Agreement, Agreement each of the Company and the Investors Purchasers hereby irrevocably: (a) submit to (i) for so long as the Chapter 11 Case is pending, submits to the exclusive jurisdiction of the Bankruptcy Court for so long as and any appellate court from any such court (the Chapter 11 Cases are open or (ii"Selected Courts") the jurisdiction of any New York State court or any Federal court of the United States sitting in New York for so long as the Chapter 11 Cases are not open, for any Action Proceeding arising out of or relating to this Agreement or the other Transaction Documents and the transactions contemplated hereby and thereby (and the Company agrees not to commence any Action Proceeding relating hereto or thereto except in such Courtcourts) and waives any objection to venue being laid in the Bankruptcy Court Selected Courts whether based on the grounds of forum non conveniens or otherwise; and (ii) thereafter, submits to the exclusive jurisdiction of the State and Federal court in New York; (b) consent consents to service of process in any Action Proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, or by recognized international express carrier or delivery service, to the Company or each Investor the Purchasers at their respective addresses referred to in Section 11.6 9.5 hereof; provided, however, that nothing herein shall affect the right of any party hereto to serve process in any other manner permitted by law; and (c) waivewaives, to the fullest extent permitted by law, any right it may have to a trial by jury in any Action Proceeding directly, or indirectly arising out of, under or in connection with this Agreement or the other Transaction Documents.