Common use of Jurisdiction; Immunities Clause in Contracts

Jurisdiction; Immunities. {a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. THE NOTES. THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD 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 SUCH JLM DOMESTIC ENTITY OR MACDONALD AT ITS ADDRESS SPECIFIED IN SECTION 12.06. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD 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. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK SHALL BE BROUGHT ONLY IN MASSACHUSETTS STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIAL.

Appears in 2 contracts

Samples: Credit Agreement (JLM Industries Inc), Credit Agreement (JLM Industries Inc)

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Jurisdiction; Immunities. {a) BORROWER, THE ADMINISTRATIVE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BANK HEREBY IRREVOCABLY SUBMITS SUBMIT TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY NEW YORK CITY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE NOTES OR ANY OTHER LOAN DOCUMENT. BORROWER, THE NOTES. THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS ADMINISTRATIVE AGENT, AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD HEREBY BANK IRREVOCABLY AGREES AGREE THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT. BORROWER, THE ADMINISTRATIVE AGENT, AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BANK IRREVOCABLY consents CONSENT TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY BORROWER, THE ADMINISTRATIVE AGENT OR MACDONALD EACH BANK, AS THE CASE MAY BE, AT ITS ADDRESS THE ADDRESSES SPECIFIED IN SECTION 12.06HEREIN. BORROWER, THE ADMINISTRATIVE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD AGREES BANK AGREE THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. BORROWER, THE ADMINISTRATIVE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BANK FURTHER WAIVES WAIVE ANY OBJECTION TO VENUE IN SUCH THE STATE OF NEW YORK AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH THE STATE OF NEW YORK ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. BORROWER, THE ADMINISTRATIVE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD FURTHER AGREES BANK AGREE THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST BORROWER, THE BANK ADMINISTRATIVE AGENT OR ANY BANK, AS THE CASE MAY BE, SHALL BE BROUGHT ONLY IN MASSACHUSETTS A NEW YORK STATE COURT SITTING IN NEW YORK CITY OR A UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTYNEW YORK CITY. Nothing in this Section shall affect the right of Borrower, the Administrative Agent or any Bank to serve legal process in any other manner permitted by law. To the extent that Borrower, the Administrative Agent or any Bank have or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether from service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, Borrower, the Administrative Agent and each Bank hereby irrevocably waive such immunity in respect of its obligations under this Agreement, the Notes and any other Loan Document. BORROWER, THE ADMINISTRATIVE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD WAIVES BANK WAIVE ANY RIGHT IT EACH SUCH PARTY MAY HAVE TO JURY TRIALTRIAL IN CONNECTION WITH ANY SUIT, ACTION OR PROCEEDING BROUGHT WITH RESPECT TO THIS AGREEMENT, THE NOTES OR THE LOANS. IN ADDITION, BORROWER HEREBY WAIVES, IN CONNECTION WITH ANY SUIT, ACTION OR PROCEEDING BROUGHT BY THE ADMINISTRATIVE AGENT OR THE BANKS WITH RESPECT TO THE NOTES, ANY RIGHT BORROWER MAY HAVE TO (1) INTERPOSE ANY COUNTERCLAIM THEREIN (OTHER THAN A COUNTERCLAIM THAT IF NOT BROUGHT IN THE SUIT, ACTION OR PROCEEDING BROUGHT BY THE ADMINISTRATIVE AGENT OR THE BANKS COULD NOT BE BROUGHT IN A SEPARATE SUIT, ACTION OR PROCEEDING OR WOULD BE SUBJECT TO DISMISSAL OR SIMILAR DISPOSITION FOR FAILURE TO HAVE BEEN ASSERTED IN SUCH SUIT, ACTION OR PROCEEDING BROUGHT BY THE ADMINISTRATIVE AGENT OR THE BANKS) OR (2) HAVE THE SAME CONSOLIDATED WITH ANY OTHER OR SEPARATE SUIT, ACTION OR PROCEEDING. NOTHING HEREIN CONTAINED SHALL PREVENT OR PROHIBIT BORROWER FROM INSTITUTING OR MAINTAINING A SEPARATE ACTION AGAINST THE ADMINISTRATIVE AGENT OR THE BANKS WITH RESPECT TO ANY ASSERTED CLAIM.

Appears in 2 contracts

Samples: Revolving Loan Agreement (Taubman Centers Inc), Revolving Loan Agreement (Taubman Realty Group LTD Partnership)

Jurisdiction; Immunities. {a) BORROWER, THE ADMINISTRATIVE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BANK HEREBY IRREVOCABLY SUBMITS SUBMIT TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY NEW YORK CITY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE NOTES OR ANY OTHER LOAN DOCUMENT. BORROWER, THE NOTES. THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS ADMINSTRATIVE AGENT, AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD HEREBY BANK IRREVOCABLY AGREES AGREE THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT. BORROWER, THE ADMINISTRATIVE AGENT, AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BANK IRREVOCABLY consents CONSENT TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY BORROWER, THE ADMINISTRATIVE AGENT OR MACDONALD EACH BANK, AS THE CASE MAY BE, AT ITS ADDRESS THE ADDRESSES SPECIFIED IN SECTION 12.06HEREIN. BORROWER, THE ADMINISTRATIVE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD 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. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BANK FURTHER WAIVES WAIVE ANY OBJECTION TO VENUE IN SUCH THE STATE OF NEW YORK AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH THE STATE OF NEW YORK ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. BORROWER, THE ADMINISTRATIVE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD FURTHER AGREES BANK AGREE THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST BORROWER, THE BANK ADMINISTRATIVE AGENT OR ANY BANK, AS THE CASE MAY BE, SHALL BE BROUGHT ONLY IN MASSACHUSETTS A NEW YORK STATE COURT SITTING IN NEW YORK CITY OR A UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTYNEW YORK CITY. Nothing in this Section shall affect the right of Borrower, Administrative Agent or any Bank to serve legal process in any other manner permitted by law. To the extent that Borrower, Administrative Agent or any Bank have or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether from service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, Borrower, Administrative Agent and each Bank hereby irrevocably waive such immunity in respect of its obligations under this Agreement, the Notes and any other Loan Document. BORROWER, ADMINISTRATIVE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD WAIVES BANK WAIVE ANY RIGHT IT EACH SUCH PARTY MAY HAVE TO JURY TRIALTRIAL IN CONNECTION WITH ANY SUIT, ACTION OR PROCEEDING BROUGHT WITH RESPECT TO THIS AGREEMENT, THE NOTES OR THE LOANS. IN ADDITION, BORROWER HEREBY WAIVES, IN CONNECTION WITH ANY SUIT, ACTION OR PROCEEDING BROUGHT BY ADMINISTRATIVE AGENT OR THE BANKS WITH RESPECT TO THE NOTES, ANY RIGHT BORROWER MAY HAVE TO (1) INTERPOSE ANY COUNTERCLAIM THEREIN (OTHER THAN A COUNTERCLAIM THAT IF NOT BROUGHT IN THE SUIT, ACTION OR PROCEEDING BROUGHT BY ADMINISTRATIVE AGENT OR THE BANKS COULD NOT BE BROUGHT IN A SEPARATE SUIT, ACTION OR PROCEEDING OR WOULD BE SUBJECT TO DISMISSAL OR SIMILAR DISPOSITION FOR FAILURE TO HAVE BEEN ASSERTED IN SUCH SUIT, ACTION OR PROCEEDING BROUGHT BY ADMINISTRATIVE AGENT OR THE BANKS) OR (2) HAVE THE SAME CONSOLIDATED WITH ANY OTHER OR SEPARATE SUIT, ACTION OR PROCEEDING. NOTHING HEREIN CONTAINED SHALL PREVENT OR PROHIBIT BORROWER FROM INSTITUTING OR MAINTAINING A SEPARATE ACTION AGAINST ADMINISTRATIVE AGENT OR THE BANKS WITH RESPECT TO ANY ASSERTED CLAIM.

Appears in 2 contracts

Samples: Loan Agreement (Taubman Centers Inc), Loan Agreement (Taubman Realty Group LTD Partnership)

Jurisdiction; Immunities. {(a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN NEW YORK, NASSAU OR SUFFOLK COUNTY COUNTIES OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. AGREEMENT OR THE NOTES. , AND THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING (BY CERTIFIED OR REGISTERED MAIL) OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE BORROWER AT ITS THE ADDRESS SPECIFIED IN SECTION 12.0612.6. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER AGREES THAT A FINAL JUDGMENT (INCLUDING ANY APPLICABLE APPEALS) IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE ANY BANK SHALL BE BROUGHT ONLY IN MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN NEW YORK, NASSAU OR SUFFOLK COUNTY. EACH OF THE JLM DOMESTIC ENTITIES BANKS AND MACDONALD WAIVES THE BORROWER WAIVE ANY RIGHT IT THEY MAY HAVE TO JURY TRIALTRIAL WITH RESPECT TO THIS AGREEMENT AND THE OTHER FACILITY DOCUMENTS.

Appears in 2 contracts

Samples: Credit Agreement (Genovese Drug Stores Inc), Security Agreement (United Capital Corp /De/)

Jurisdiction; Immunities. {a) BORROWER, ADMINISTRATIVE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BANK HEREBY IRREVOCABLY SUBMITS SUBMIT TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY NEW YORK CITY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE NOTES OR ANY OTHER LOAN DOCUMENT. THE NOTES. THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS BORROWER, ADMINISTRATIVE AGENT, AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD HEREBY BANK IRREVOCABLY AGREES AGREE THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT. BORROWER, ADMINISTRATIVE AGENT, AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BANK IRREVOCABLY consents CONSENT TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY BORROWER, ADMINISTRATIVE AGENT OR MACDONALD EACH BANK, AS THE CASE MAY BE, AT ITS ADDRESS THE ADDRESSES SPECIFIED IN SECTION 12.06HEREIN. BORROWER, ADMINISTRATIVE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD AGREES BANK AGREE THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. BORROWER, ADMINISTRATIVE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BANK FURTHER WAIVES WAIVE ANY OBJECTION TO VENUE IN SUCH THE STATE OF NEW YORK AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH THE STATE OF NEW YORK ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. BORROWER, ADMINISTRATIVE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD FURTHER AGREES BANK AGREE THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST BORROWER, ADMINISTRATIVE AGENT OR ANY BANK, AS THE BANK CASE MAY BE, SHALL BE BROUGHT ONLY IN MASSACHUSETTS A NEW YORK STATE COURT SITTING IN NEW YORK CITY OR A UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTYNEW YORK CITY. Nothing in this Section shall affect the right of Borrower, Administrative Agent or any Bank to serve legal process in any other manner permitted by law. To the extent that Borrower, Administrative Agent or any Bank have or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether from service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, Borrower, Administrative Agent and each Bank hereby irrevocably waive such immunity in respect of its obligations under this Agreement, the Notes and any other Loan Document. BORROWER, ADMINISTRATIVE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD WAIVES BANK WAIVE ANY RIGHT IT EACH SUCH PARTY MAY HAVE TO JURY TRIALTRIAL IN CONNECTION WITH ANY SUIT, ACTION OR PROCEEDING BROUGHT WITH RESPECT TO THIS AGREEMENT, THE NOTES OR THE LOANS. IN ADDITION, BORROWER HEREBY WAIVES, IN CONNECTION WITH ANY SUIT, ACTION OR PROCEEDING BROUGHT BY ADMINISTRATIVE AGENT OR THE BANKS WITH RESPECT TO THE NOTES, ANY RIGHT BORROWER MAY HAVE TO (1) INTERPOSE ANY COUNTERCLAIM THEREIN (OTHER THAN A COUNTERCLAIM THAT IF NOT BROUGHT IN THE SUIT, ACTION OR PROCEEDING BROUGHT BY ADMINISTRATIVE AGENT OR THE BANKS COULD NOT BE BROUGHT IN A SEPARATE SUIT, ACTION OR PROCEEDING OR WOULD BE SUBJECT TO DISMISSAL OR SIMILAR DISPOSITION FOR FAILURE TO HAVE BEEN ASSERTED IN SUCH SUIT, ACTION OR PROCEEDING BROUGHT BY ADMINISTRATIVE AGENT OR THE BANKS) OR (2) HAVE THE SAME CONSOLIDATED WITH ANY OTHER OR SEPARATE SUIT, ACTION OR PROCEEDING. NOTHING HEREIN CONTAINED SHALL PREVENT OR PROHIBIT BORROWER FROM INSTITUTING OR MAINTAINING A SEPARATE ACTION AGAINST ADMINISTRATIVE AGENT OR THE BANKS WITH RESPECT TO ANY ASSERTED CLAIM.

Appears in 2 contracts

Samples: Secured Revolving Credit Agreement (Taubman Centers Inc), Revolving Credit Agreement (Taubman Realty Group LTD Partnership)

Jurisdiction; Immunities. {(a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD OBLIGORS HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS CONNECTICUT STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK FAIRFIELD COUNTY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. THE NOTES. THE LETTERS , ANY REVOLVING CREDIT NOTE, ANY LETTER OF CREDIT OR THE ANY OTHER FACILITY DOCUMENTS DOCUMENT, AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD OBLIGORS HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS CONNECTICUT STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES OBLIGORS DESIGNATES AND MACDONALD IRREVOCABLY consents APPOINTS MICRO WAREHOUSE, INC., 000 XXXXXXXXXXX XXXXXX, XXXXXXX, XXXXXXXXXXX 00000 AS ITS AGENT TO THE RECEIVE ON ITS BEHALF SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING PROCEEDINGS IN ANY SUCH COURT, SUCH SERVICE BEING HEREBY ACKNOWLEDGED BY THE MAILING OF COPIES EACH OBLIGOR TO BE EFFECTIVE AND BINDING SERVICE IN EVERY RESPECT. A COPY OF SUCH PROCESS SO SERVED SHALL BE MAILED TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE APPLICABLE OBLIGOR AT ITS ADDRESS SPECIFIED IN SECTION 12.0613.06 EXCEPT ANY FAILURE TO MAIL SUCH COPY SHALL NOT AFFECT THE VALIDITY OF SERVICE OF PROCESS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD OBLIGORS AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD OBLIGORS FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK SHALL BE BROUGHT ONLY IN MASSACHUSETTS STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIALCONVENIENS.

Appears in 2 contracts

Samples: Credit Agreement (Micro Warehouse Inc), Credit Agreement (Micro Warehouse Inc)

Jurisdiction; Immunities. {(a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD CO-BORROWERS HEREBY IRREVOCABLY SUBMITS SUBMIT TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN NEW YORK, NASSAU OR SUFFOLK COUNTY COUNTIES OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. AGREEMENT OR THE NOTES. , AND THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD CO-BORROWERS HEREBY IRREVOCABLY AGREES AGREE THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD CO-BORROWERS IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING (BY CERTIFIED OR REGISTERED MAIL) OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE CO-BORROWERS AT ITS THE ADDRESS SPECIFIED IN SECTION 12.0612.6. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD AGREES CO-BORROWERS AGREE THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD CO-BORROWERS FURTHER WAIVES WAIVE ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD CO-BORROWERS FURTHER AGREES AGREE THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK AGENT SHALL BE BROUGHT ONLY IN MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN NEW YORK, NASSAU OR SUFFOLK COUNTYCOUNTIES. EACH OF THE JLM DOMESTIC ENTITIES CO-BORROWERS AND MACDONALD WAIVES THE BANKS WAIVE ANY RIGHT IT THEY MAY HAVE TO JURY TRIAL.

Appears in 2 contracts

Samples: Security Agreement (PDK Labs Inc), Security Agreement (Futurebiotics Inc)

Jurisdiction; Immunities. {a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS CONNECTICUT STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY CONNECTICUT OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. AGREEMENT OR THE NOTES. THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS , AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS CONNECTICUT STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER IRREVOCABLY consents CONSENT TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD EACH BORROWER AT ITS ADDRESS SPECIFIED IN SECTION 12.0610.6. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK SHALL BE BROUGHT ONLY IN MASSACHUSETTS CONNECTICUT STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTYCONNECTICUT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIAL.

Appears in 2 contracts

Samples: Credit Agreement (Transact Technologies Inc), Credit Agreement (Tridex Corp)

Jurisdiction; Immunities. {(a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN NEW YORK, NASSAU OR SUFFOLK COUNTY COUNTIES OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. AGREEMENT OR THE NOTES. , AND THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF (BY CERTIFIED OR REGISTERED MAIL) COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE BORROWER AT ITS THE ADDRESS SPECIFIED IN SECTION 12.0612.7. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER AGREES THAT A FINAL JUDGMENT (INCLUDING ANY APPLICABLE APPEALS) IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE ANY BANK SHALL BE BROUGHT ON ONLY IN MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIAL.

Appears in 2 contracts

Samples: Credit Agreement (United Capital Corp /De/), Credit Agreement (United Capital Corp /De/)

Jurisdiction; Immunities. {(a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. AGREEMENT OR THE NOTES. , AND THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE BORROWER AT ITS ADDRESS SPECIFIED IN SECTION 12.0611.06. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK AGENT SHALL BE BROUGHT ONLY IN MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIAL.

Appears in 2 contracts

Samples: Credit Agreement (Hardinge Inc), Security Agreement (Hardinge Inc)

Jurisdiction; Immunities. {(a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK ERIE COUNTY NEW YORK OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. AGREEMENT OR THE NOTES. , AND THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE BORROWER AT ITS ADDRESS SPECIFIED IN SECTION 12.0611.06. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK AGENT SHALL BE BROUGHT ONLY IN MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK ERIE COUNTY. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIAL.

Appears in 2 contracts

Samples: Credit and Term Loan Agreement (Hardinge Inc), Revolving Credit and Term Loan Agreement (Hardinge Inc)

Jurisdiction; Immunities. {(a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD OBLIGORS HEREBY IRREVOCABLY SUBMITS SUBMIT TO THE JURISDICTION OF ANY MASSACHUSETTS STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. AGREEMENT OR THE NOTES. , AND THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD OBLIGORS HEREBY IRREVOCABLY AGREES AGREE THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD OBLIGORS IRREVOCABLY consents CONSENT TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE OBLIGORS AT ITS ADDRESS SPECIFIED IN SECTION 12.0613.06. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD AGREES OBLIGORS AGREE THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD OBLIGORS FURTHER WAIVES WAIVE ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD OBLIGORS FURTHER AGREES AGREE THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK AGENT SHALL BE BROUGHT ONLY IN MASSACHUSETTS STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD WAIVES OBLIGORS WAIVE ANY RIGHT IT THEY MAY HAVE TO JURY TRIAL.

Appears in 2 contracts

Samples: Credit Agreement (Daka International Inc), Credit Agreement (Daka International Inc)

Jurisdiction; Immunities. {a) EACH OF THE JLM DOMESTIC ENTITIES BORROWER, ADMINISTRATIVE AGENT AND MACDONALD EACH BANK HEREBY IRREVOCABLY SUBMITS SUBMIT TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY NEW YORK CITY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE NOTES OR ANY OTHER LOAN DOCUMENT. THE NOTES. THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS EACH BORROWER PARTY, ADMINISTRATIVE AGENT, AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD HEREBY BANK IRREVOCABLY AGREES AGREE THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES BORROWER PARTY, ADMINISTRATIVE AGENT, AND MACDONALD EACH BANK IRREVOCABLY consents CONSENT TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY ANY BORROWER PARTY, ADMINISTRATIVE AGENT OR MACDONALD EACH BANK, AS THE CASE MAY BE, AT ITS ADDRESS THE ADDRESSES SPECIFIED IN SECTION 12.06HEREIN. EACH OF THE JLM DOMESTIC ENTITIES BORROWER PARTY, ADMINISTRATIVE AGENT AND MACDONALD AGREES EACH BANK AGREE THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES BORROWER PARTY, ADMINISTRATIVE AGENT AND MACDONALD EACH BANK FURTHER WAIVES WAIVE ANY OBJECTION TO VENUE IN SUCH THE STATE OF NEW YORK AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH THE STATE OF NEW YORK ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES BORROWER PARTY, ADMINISTRATIVE AGENT AND MACDONALD FURTHER AGREES EACH BANK AGREE THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST ANY BORROWER PARTY, ADMINISTRATIVE AGENT OR ANY BANK, AS THE BANK CASE MAY BE, SHALL BE BROUGHT ONLY IN MASSACHUSETTS A NEW YORK STATE COURT SITTING IN NEW YORK CITY OR A UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTYNEW YORK CITY. Nothing in this Section shall affect the right of any Borrower Party, Administrative Agent or any Bank to serve legal process in any other manner permitted by law. To the extent that any Borrower Party, Administrative Agent or any Bank have or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether from service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, each Borrower Party, Administrative Agent and each Bank hereby irrevocably waive such immunity in respect of its obligations under this Agreement, the Notes and any other Loan Document. EACH OF THE JLM DOMESTIC ENTITIES BORROWER PARTY, ADMINISTRATIVE AGENT AND MACDONALD WAIVES EACH BANK WAIVE ANY RIGHT IT EACH SUCH PARTY MAY HAVE TO JURY TRIALTRIAL IN CONNECTION WITH ANY SUIT, ACTION OR PROCEEDING BROUGHT WITH RESPECT TO THIS AGREEMENT, THE NOTES OR THE LOANS. IN ADDITION, EACH BORROWER PARTY HEREBY WAIVES, IN CONNECTION WITH ANY SUIT, ACTION OR PROCEEDING BROUGHT BY ADMINISTRATIVE AGENT OR THE BANKS WITH RESPECT TO THE NOTES, ANY RIGHT ANY BORROWER PARTY MAY HAVE TO (1) INTERPOSE ANY COUNTERCLAIM THEREIN (OTHER THAN A COUNTERCLAIM THAT IF NOT BROUGHT IN THE SUIT, ACTION OR PROCEEDING BROUGHT BY ADMINISTRATIVE AGENT OR THE BANKS COULD NOT BE BROUGHT IN A SEPARATE SUIT, ACTION OR PROCEEDING OR WOULD BE SUBJECT TO DISMISSAL OR SIMILAR DISPOSITION FOR FAILURE TO HAVE BEEN ASSERTED IN SUCH SUIT, ACTION OR PROCEEDING BROUGHT BY ADMINISTRATIVE AGENT OR THE BANKS) OR (2) HAVE THE SAME CONSOLIDATED WITH ANY OTHER OR SEPARATE SUIT, ACTION OR PROCEEDING. NOTHING HEREIN CONTAINED SHALL PREVENT OR PROHIBIT ANY BORROWER PARTY FROM INSTITUTING OR MAINTAINING A SEPARATE ACTION AGAINST ADMINISTRATIVE AGENT OR THE BANKS WITH RESPECT TO ANY ASSERTED CLAIM.

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Taubman Centers Inc), Assignment and Assumption Agreement (Taubman Centers Inc)

Jurisdiction; Immunities. {(a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY SUBMITS TO THE NON-EXCLUSIVE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. THE NOTES. THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS , AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS BY REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID TO SUCH JLM DOMESTIC ENTITY BORROWER AT HIS OR MACDONALD AT ITS ADDRESS SPECIFIED IN PURSUANT TO SECTION 12.0611.6 FROM TIME TO TIME. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK AGENT SHALL BE BROUGHT ONLY IN MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY. EACH OF BORROWER, THE JLM DOMESTIC ENTITIES AGENT AND MACDONALD EACH BANK EACH WAIVES ANY RIGHT HE OR IT MAY HAVE TO JURY TRIAL.

Appears in 2 contracts

Samples: Credit Agreement (Lauder Ronald S), Credit Agreement (Lauder Ronald S)

Jurisdiction; Immunities. {(a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. THE NOTES. THE LETTERS OF CREDIT AGREEMENT OR THE OTHER FACILITY DOCUMENTS NOTES AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE BORROWER AT ITS ADDRESS SPECIFIED IN SECTION 12.0610.06. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK AGENT SHALL BE BROUGHT ONLY IN MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIAL.

Appears in 1 contract

Samples: Pledge Agreement (Digital Radio LLC)

Jurisdiction; Immunities. {(a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. THE NOTES. THE LETTERS OF CREDIT AGREEMENT OR THE NOTES OR ANY OTHER FACILITY DOCUMENTS DOCUMENT OR ANY LETTER OF CREDIT, AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE BORROWER AT ITS ADDRESS SPECIFIED IN SECTION 12.06. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK AGENT SHALL BE BROUGHT ONLY IN MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIAL.

Appears in 1 contract

Samples: Credit Agreement (Movado Group Inc)

Jurisdiction; Immunities. {a(A) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. AGREEMENT OR THE NOTES. , AND THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE BORROWER AT ITS ADDRESS SPECIFIED IN SECTION 12.0611.06. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK AGENT SHALL BE BROUGHT ONLY IN MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIAL.

Appears in 1 contract

Samples: Security Agreement (Hardinge Inc)

Jurisdiction; Immunities. {(a) EACH OF THE JLM DOMESTIC ENTITIES AGENT, THE BANKS AND MACDONALD THE BORROWER HEREBY IRREVOCABLY SUBMITS SUBMIT TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE SUPREME OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK MONROE COUNTY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. AGREEMENT OR THE NOTES. THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS , AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD PARTY HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE SUPREME OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD PARTY IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE OTHER AT ITS ADDRESS SPECIFIED IN SECTION 12.0611.06, WITH, IN BORROWER'S CASE, A COPY TO ITS CORPORATE COUNSEL. EACH PARTY AGREES THAT, SUBJECT TO ANY RIGHTS OF THE JLM DOMESTIC ENTITIES AND MACDONALD AGREES THAT APPEAL, A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD PARTY FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD PARTY FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK AGENT SHALL BE BROUGHT ONLY IN MASSACHUSETTS NEW YORK STATE SUPREME OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK MONROE COUNTY. THE BORROWER, THE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BANK WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIAL.

Appears in 1 contract

Samples: Credit Agreement (Frontier Corp /Ny/)

Jurisdiction; Immunities. {(a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS CONNECTICUT STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY CONNECTICUT OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. AGREEMENT OR THE NOTES. , AND THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS CONNECTICUT STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE BORROWER AT ITS ADDRESS SPECIFIED IN SECTION 12.0611.6. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK ADMINISTRATIVE AGENT SHALL BE BROUGHT ONLY IN MASSACHUSETTS A CONNECTICUT STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTYCONNECTICUT. EACH THE BORROWER, THE BANKS, THE ADMINISTRATIVE AGENT, AND THE CO-AGENTS HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY CLAIM BASED HEREON, ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE JLM DOMESTIC ENTITIES AND MACDONALD WAIVES OTHER FACILITY DOCUMENTS CONTEMPLATED TO BE EXECUTED IN CONNECTION HEREWITH, OR ANY RIGHT IT MAY HAVE TO JURY TRIAL.COURSE OF CONDUCT, COURSE OF DEALINGS, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY

Appears in 1 contract

Samples: Credit Agreement (Nfo Worldwide Inc)

Jurisdiction; Immunities. {(a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD DEBTORS HEREBY IRREVOCABLY SUBMITS SUBMIT TO THE JURISDICTION OF ANY MASSACHUSETTS STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. , AND THE NOTES. THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD DEBTORS HEREBY IRREVOCABLY AGREES AGREE THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD DEBTORS IRREVOCABLY consents CONSENT TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE DEBTORS AT ITS ADDRESS THEIR ADDRESSES SPECIFIED IN SECTION 12.067.1. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD AGREES DEBTORS AGREE THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD DEBTORS FURTHER WAIVES WAIVE ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD DEBTORS FURTHER AGREES AGREE THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK LENDER SHALL BE BROUGHT ONLY IN MASSACHUSETTS STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD WAIVES DEBTORS WAIVE ANY RIGHT IT THEY MAY HAVE TO JURY TRIAL.

Appears in 1 contract

Samples: Security Agreement (NMT Medical Inc)

Jurisdiction; Immunities. {(a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. AGREEMENT OR THE NOTES. , AND THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD HEREBY BORROWER IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE BORROWER AT ITS ADDRESS SPECIFIED IN SECTION 12.0610.06. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK SHALL BE BROUGHT ONLY IN MASSACHUSETTS STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIAL.

Appears in 1 contract

Samples: Credit Agreement (Hardinge Inc)

Jurisdiction; Immunities. {(a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. THE NOTES. THE LETTERS OF CREDIT AGREEMENT OR THE OTHER FACILITY DOCUMENTS TRANSACTIONS CONTEMPLATED HEREBY, AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE BORROWER AT ITS ADDRESS SPECIFIED IN SECTION 12.0610.6. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK LENDER SHALL BE BROUGHT ONLY IN MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIAL.

Appears in 1 contract

Samples: Credit Agreement (Universal American Financial Corp)

Jurisdiction; Immunities. {a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS CONNECTICUT STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY CONNECTICUT OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. THE NOTES. THE LETTERS OF CREDIT AGREEMENT OR THE OTHER FACILITY DOCUMENTS NOTE, AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS 41 40 CONNECTICUT STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER IRREVOCABLY consents CONSENT TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD EACH BORROWER AT ITS ADDRESS SPECIFIED IN SECTION 12.0610.6. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK SHALL BE BROUGHT ONLY IN MASSACHUSETTS CONNECTICUT STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTYCONNECTICUT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIAL.

Appears in 1 contract

Samples: Credit Agreement (Transact Technologies Inc)

Jurisdiction; Immunities. {a(A) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN NASSAU OR SUFFOLK COUNTY COUNTIES OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. THE NOTES. THE LETTERS OF CREDIT AGREEMENT OR THE OTHER FACILITY DOCUMENTS NOTE, AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE BORROWER AT ITS ADDRESS SPECIFIED IN SECTION 12.069.06. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK SHALL BE BROUGHT ONLY IN MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN NASSAU OR SUFFOLK COUNTYCOUNTIES. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD WAIVES PARTIES HERETO WAIVE ANY RIGHT IT MAY HAVE TO JURY TRIAL.

Appears in 1 contract

Samples: Security Agreement (Allied Devices Corp)

Jurisdiction; Immunities. {a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS CONNECTICUT STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY CONNECTICUT OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. THE NOTES. THE LETTERS OF CREDIT AGREEMENT OR THE OTHER FACILITY DOCUMENTS ANY NOTE, AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS CONNECTICUT STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD BORROWER AT ITS ADDRESS SPECIFIED IN SECTION 12.0610.6. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK SHALL BE BROUGHT ONLY IN MASSACHUSETTS CONNECTICUT STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTYCONNECTICUT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIAL.

Appears in 1 contract

Samples: Credit Agreement (Tridex Corp)

Jurisdiction; Immunities. {a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS CONNECTICUT STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY CONNECTICUT OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. THE NOTES. THE LETTERS OF CREDIT AGREEMENT OR THE OTHER FACILITY DOCUMENTS NOTE, AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS CONNECTICUT STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE BORROWER AT ITS ADDRESS SPECIFIED IN SECTION 12.0610.6. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK SHALL BE BROUGHT ONLY IN MASSACHUSETTS STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIALCONVENIENS.

Appears in 1 contract

Samples: Credit Agreement (Transact Technologies Inc)

Jurisdiction; Immunities. {(a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE COURT OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY AND ANY NEW JERSEY STATE COURT OR ANY UNITED STATES FEDERAL COURT SITTING IN NEW JERSEY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. THE NOTES. THE LETTERS OF CREDIT AGREEMENT OR THE TERM NOTES OR ANY OTHER FACILITY DOCUMENTS TERM LOAN DOCUMENT. AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK OR NEW JERSEY STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE BORROWER AT ITS ADDRESS SPECIFIED IN SECTION 12.06. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK AGENT SHALL BE BROUGHT ONLY IN MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIAL.

Appears in 1 contract

Samples: Term Loan Agreement (Ivc Industries Inc)

Jurisdiction; Immunities. {(a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD PLEDGORS HEREBY IRREVOCABLY SUBMITS SUBMIT TO THE JURISDICTION OF ANY MASSACHUSETTS STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. , AND THE NOTES. THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD PLEDGORS HEREBY IRREVOCABLY AGREES AGREE THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD PLEDGORS IRREVOCABLY consents CONSENT TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE PLEDGORS AT ITS ADDRESS THEIR ADDRESSES SPECIFIED IN SECTION 12.066.4. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD AGREES PLEDGORS AGREE THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD PLEDGORS FURTHER WAIVES WAIVE ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD PLEDGORS FURTHER AGREES AGREE THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK LENDER SHALL BE BROUGHT ONLY IN MASSACHUSETTS STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD WAIVES PLEDGORS WAIVE ANY RIGHT IT THEY MAY HAVE TO JURY TRIAL.

Appears in 1 contract

Samples: Pledge Agreement (NMT Medical Inc)

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Jurisdiction; Immunities. {a(A) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD INDIVIDUAL GUARANTOR HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. , AND THE NOTES. THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD INDIVIDUAL GUARANTOR HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD INDIVIDUAL GUARANTOR IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE INDIVIDUAL GUARANTOR AT ITS HIS ADDRESS SPECIFIED IN SECTION 12.066.04. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD INDIVIDUAL GUARANTOR AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD INDIVIDUAL GUARANTOR FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD INDIVIDUAL GUARANTOR FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK ADMINISTRATIVE AGENT OR ANY LENDER SHALL BE BROUGHT ONLY IN MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD INDIVIDUAL GUARANTOR WAIVES ANY RIGHT IT HE MAY HAVE TO JURY TRIAL.

Appears in 1 contract

Samples: Collateral Account Agreement (LCC International Inc)

Jurisdiction; Immunities. {(a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY NEW YORK OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. AGREEMENT OR THE NOTES. THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS , AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD SUCH BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS BY REGISTERED OR 77 72 CERTIFIED MAIL, POSTAGE PREPAID, TO SUCH JLM DOMESTIC ENTITY OR MACDONALD BORROWER AT ITS ADDRESS SPECIFIED IN SECTION 12.0613.6. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD AGREES BORROWERS AGREE THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWERS FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWERS FURTHER AGREES AGREE THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK ADMINISTRATIVE AGENT SHALL BE BROUGHT ONLY IN MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTYNEW YORK. THE BORROWERS, THE ADMINISTRATIVE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BANK EACH WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIAL.

Appears in 1 contract

Samples: Credit Agreement (Cannondale Corp /)

Jurisdiction; Immunities. {(a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD OBLIGOR HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. , THE NOTES. THE LETTERS OF CREDIT NOTES OR THE OTHER FACILITY DOCUMENTS DOCUMENTS, AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD OBLIGOR HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD OBLIGOR IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD OBLIGOR AT ITS ADDRESS SPECIFIED IN SECTION 12.069.06. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD OBLIGOR AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD OBLIGOR FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH THE STATE OF NEW YORK AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH NEW YORK STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD OBLIGOR FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK SHALL BE BROUGHT ONLY IN MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIAL.NEW

Appears in 1 contract

Samples: Loan Agreement (Cellularvision Usa Inc)

Jurisdiction; Immunities. {(a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD OBLIGOR HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. , THE NOTES. THE LETTERS OF CREDIT NOTES OR THE OTHER FACILITY DOCUMENTS DOCUMENTS, AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD OBLIGOR HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD OBLIGOR IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD OBLIGOR AT ITS ADDRESS SPECIFIED IN SECTION 12.069.06. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD OBLIGOR AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD OBLIGOR FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH THE STATE OF NEW YORK AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH NEW YORK STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD OBLIGOR FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK SHALL BE BROUGHT ONLY IN MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTYNEW YORK. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD OBLIGOR WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIAL.

Appears in 1 contract

Samples: Loan Agreement (Winstar Communications Inc)

Jurisdiction; Immunities. {a) EACH OF THE JLM DOMESTIC ENTITIES PLEDGORS AND MACDONALD THE LENDER HEREBY IRREVOCABLY SUBMITS SUBMIT TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. THE NOTES. THE LETTERS OF CREDIT AGREEMENT OR THE ANY OTHER FACILITY DOCUMENTS DOCUMENT TO WHICH IT IS A PARTY, AND EACH OF THE JLM DOMESTIC ENTITIES PLEDGORS AND MACDONALD THE LENDER HEREBY IRREVOCABLY AGREES AGREE THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES PLEDGORS AND MACDONALD THE LENDER IRREVOCABLY consents CONSENT TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD AT ITS ADDRESS SPECIFIED METHODS AND IN THE MANNER PROVIDED FOR IN SECTION 12.0612.06 OF THE CREDIT AGREEMENT. EACH OF THE JLM DOMESTIC ENTITIES PLEDGORS AND MACDONALD THE LENDER AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES PLEDGORS AND MACDONALD THE LENDER FURTHER WAIVES WAIVE ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD PLEDGORS FURTHER AGREES AGREE THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK LENDER SHALL BE BROUGHT ONLY IN MASSACHUSETTS A NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY. EACH OF THE JLM DOMESTIC ENTITIES PLEDGORS AND MACDONALD WAIVES THE LENDER WAIVE ANY RIGHT IT MAY HAVE TO JURY TRIAL. Nothing in this Section shall affect the right of the Lender or any Pledgor to serve legal process in any other manner permitted by law or affect the right of the Lender or any Pledgor to bring any action or proceeding in the courts of any other jurisdictions. To the extent that any Pledgor or the Lender has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether from service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its Property, such Pledgor or the Lender hereby irrevocably waives to the fullest extend permitted by law such immunity in respect of its obligations under this Agreement and the other Facility Documents to which it is a party.

Appears in 1 contract

Samples: Pledge Agreement (Kroll Inc)

Jurisdiction; Immunities. {a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS CONNECTICUT STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY CONNECTICUT OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. THE NOTES. THE LETTERS OF CREDIT AGREEMENT OR THE OTHER FACILITY DOCUMENTS NOTE, AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS CONNECTICUT STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS PROCESS, IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD EACH BORROWER AT ITS ADDRESS SPECIFIED IN SECTION 12.0610.6. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION OBJBCTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK SHALL BE BROUGHT ONLY IN MASSACHUSETTS CONNECTICUT STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTYCONNECTICUT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIAL.

Appears in 1 contract

Samples: Tridex Corp

Jurisdiction; Immunities. {a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWERS HEREBY IRREVOCABLY SUBMITS SUBMIT TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. AGREEMENT OR THE NOTES. , AND THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWERS HEREBY IRREVOCABLY AGREES AGREE THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWERS IRREVOCABLY consents CONSENT TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE BORROWERS AT ITS ADDRESS THE ADDRESSES SPECIFIED IN SECTION 12.0615.06. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD AGREES BORROWERS AGREE THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWERS FURTHER WAIVES WAIVE ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWERS FURTHER AGREES AGREE THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST EITHER THE BANK AGENT OR THE SERVICING AGENT SHALL BE BROUGHT ONLY IN MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD WAIVES BORROWERS WAIVE ANY RIGHT IT THEY MAY HAVE TO JURY TRIAL.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Biscayne Apparel Inc /Fl/)

Jurisdiction; Immunities. {(a) EACH OF THE JLM DOMESTIC ENTITIES PRIMARY OBLIGORS, THE ADMINISTRATIVE AGENT AND MACDONALD THE BANKS HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. THE NOTES. THE LETTERS AGREEMENT ANY NOTE, ANY LETTER OF CREDIT OR THE ANY OTHER FACILITY DOCUMENTS DOCUMENT, AND EACH OF THE JLM DOMESTIC ENTITIES PRIMARY OBLIGORS, THE ADMINISTRATIVE AGENT AND MACDONALD THE BANKS HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES PRIMARY OBLIGORS, THE ADMINISTRATIVE AGENT AND MACDONALD THE BANKS IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD PERSON AT ITS ADDRESS SPECIFIED IN SECTION 12.06. EACH OF THE JLM DOMESTIC ENTITIES PRIMARY OBLIGORS, THE ADMINISTRATIVE AGENT AND MACDONALD THE BANKS AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES PRIMARY OBLIGORS FURTHER AGREES THAT TO THE EXTENT AN ACTION OR PROCEEDING BROUGHT AGAINST THE ADMINISTRATIVE AGENT OR ANY BANK MAY BE BROUGHT IN NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN NEW YORK COUNTY, THEN SUCH ACTION OR PROCEEDING SHALL BE BROUGHT ONLY IN NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN NEW YORK COUNTY. EACH OF THE PRIMARY OBLIGORS, THE ADMINISTRATIVE AGENT AND MACDONALD THE BANKS FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES PRIMARY OBLIGORS, THE ADMINISTRATIVE AGENT AND MACDONALD FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK SHALL BE BROUGHT ONLY IN MASSACHUSETTS STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BANKS WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIAL.

Appears in 1 contract

Samples: Credit Agreement (Multicare Companies Inc)

Jurisdiction; Immunities. {a(A) THE BORROWER, THE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BANK HEREBY IRREVOCABLY SUBMITS SUBMIT TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY MONROE COUNTY, NEW YORK OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. AGREEMENT OR THE NOTES. THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS , AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE BORROWER AT ITS ADDRESS SPECIFIED IN SECTION 12.0611.06. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD PARTY AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD PARTY FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD PARTY FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK AGENT SHALL BE BROUGHT ONLY IN MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK MONROE COUNTY, NEW YORK. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD PARTY WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIAL.

Appears in 1 contract

Samples: Credit Agreement (Seneca Foods Corp /Ny/)

Jurisdiction; Immunities. {a) BORROWER, ADMINISTRATIVE AGENT ------------------------ AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BANK HEREBY IRREVOCABLY SUBMITS SUBMIT TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY NEW YORK CITY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE NOTES OR ANY OTHER LOAN DOCUMENT. THE NOTES. THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS BORROWER, ADMINISTRATIVE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD HEREBY BANK IRREVOCABLY AGREES AGREE THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT. BORROWER, ADMINISTRATIVE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BANK IRREVOCABLY consents CONSENT TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY BORROWER, ADMINISTRATIVE AGENT OR MACDONALD EACH BANK, AS THE CASE MAY BE, AT ITS ADDRESS THE ADDRESSES SPECIFIED IN SECTION 12.06HEREIN. BORROWER, ADMINISTRATIVE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD 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. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BANK FURTHER WAIVES WAIVE ANY OBJECTION TO VENUE IN SUCH THE STATE OF NEW YORK AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH THE STATE OF NEW YORK ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. BORROWER, ADMINISTRATIVE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD FURTHER AGREES BANK AGREE THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST BORROWER, ADMINISTRATIVE AGENT OR ANY BANK, AS THE BANK CASE MAY BE, SHALL BE BROUGHT ONLY IN MASSACHUSETTS A NEW YORK STATE COURT SITTING IN NEW YORK CITY OR A UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTYNEW YORK CITY. Nothing in this Section shall affect the right of Borrower, Administrative Agent or any Bank to serve legal process in any other manner permitted by Law. To the extent that Borrower, Administrative Agent or any Bank have or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether from service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, Borrower, Administrative Agent and each Bank hereby irrevocably waive such immunity in respect of its obligations under this Agreement, the Notes and any other Loan Document. BORROWER, ADMINISTRATIVE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD WAIVES BANK WAIVE ANY RIGHT IT EACH SUCH PARTY MAY HAVE TO JURY TRIALTRIAL IN CONNECTION WITH ANY SUIT, ACTION OR PROCEEDING BROUGHT WITH RESPECT TO THIS AGREEMENT, THE NOTES OR THE LOANS. IN ADDITION, BORROWER HEREBY WAIVES, IN CONNECTION WITH ANY SUIT, ACTION OR PROCEEDING BROUGHT BY ADMINISTRATIVE AGENT OR THE BANKS WITH RESPECT TO THE NOTES, ANY RIGHT BORROWER MAY HAVE TO (1) INTERPOSE ANY COUNTERCLAIM THEREIN (OTHER THAN A COUNTERCLAIM THAT IF NOT BROUGHT IN THE SUIT, ACTION OR PROCEEDING BROUGHT BY ADMINISTRATIVE AGENT OR THE BANKS COULD NOT BE BROUGHT IN A SEPARATE SUIT, ACTION OR PROCEEDING OR WOULD BE SUBJECT TO DISMISSAL OR SIMILAR DISPOSITION FOR FAILURE TO HAVE BEEN ASSERTED IN SUCH SUIT, ACTION OR PROCEEDING BROUGHT BY ADMINISTRATIVE AGENT OR THE BANKS) OR (2) HAVE THE SAME CONSOLIDATED WITH ANY OTHER OR SEPARATE SUIT, ACTION OR PROCEEDING. NOTHING HEREIN CONTAINED SHALL PREVENT OR PROHIBIT BORROWER FROM INSTITUTING OR MAINTAINING A SEPARATE ACTION AGAINST ADMINISTRATIVE AGENT OR THE BANKS WITH RESPECT TO ANY ASSERTED CLAIM.

Appears in 1 contract

Samples: Loan Agreement (Taubman Centers Inc)

Jurisdiction; Immunities. {a) EACH OF THE JLM DOMESTIC ENTITIES BORROWER HEREBY ABSOLUTELY AND MACDONALD HEREBY IRREVOCABLY CONSENTS AND SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS STATE THE COURTS OF THE COMMONWEALTH OF PENNSYLVANIA OR THE UNITED STATES FEDERAL COURT SITTING OF AMERICA FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN SUFFOLK COUNTY OVER CONNECTION WITH ANY ACTION ACTIONS OR PROCEEDING PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT. , THE NOTES. THE LETTERS OF CREDIT , ANY OTHER LOAN DOCUMENT, OR THE OTHER FACILITY DOCUMENTS BANKING RELATIONSHIP GIVING RISE TO THIS AGREEMENT; AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS STATE PENNSYLVANIA OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD IRREVOCABLY consents TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING PROCEEDING, THE BORROWER HEREBY ABSOLUTELY AND IRREVOCABLY WAIVES PERSONAL SERVICE OF ANY SUMMONS, COMPLAINT, DECLARATION OR OTHER PROCESS AND HEREBY ABSOLUTELY AND IRREVOCABLY AGREES THAT THE SERVICE THEREOF MAY BE MADE BY CERTIFIED OR REGISTERED MAIL, POSTAGE PREPAID, TO THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD BORROWER AT ITS ADDRESS SPECIFIED BELOW (OR AT SUCH OTHER ADDRESS AS THE BORROWER SHALL LAST SPECIFY TO THE AGENT IN SECTION 12.06WRITING). EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE PHILADELPHIA AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE PHILADELPHIA ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK AGENT WITH REGARD TO THIS CREDIT AGREEMENT SHALL BE BROUGHT ONLY IN MASSACHUSETTS STATE PENNSYLVANIA OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTYPHILADELPHIA. EACH NOTHING IN THIS SECTION 11.18 SHALL AFFECT THE RIGHT OF THE JLM DOMESTIC ENTITIES AGENT TO SERVE LEGAL PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR AFFECT THE RIGHT OF THE AGENT TO BRING ANY ACTION OR PROCEEDING AGAINST THE BORROWER OR ITS PROPERTY IN THE COURTS OF ANY OTHER JURISDICTIONS. TO THE EXTENT THAT THE BORROWER HAS OR HEREAFTER MAY ACQUIRE ANY IMMUNITY FROM JURISDICTION OF ANY COURT OR FROM ANY LEGAL PROCESS (WHETHER FROM SERVICE OR NOTICE, ATTACHMENT PRIOR TO JUDGMENT, ATTACHMENT IN AID OF EXECUTION, EXECUTION OR OTHERWISE) WITH RESPECT TO ITSELF OR ITS PROPERTY, THE BORROWER HEREBY IRREVOCABLY WAIVES SUCH IMMUNITY IN RESPECT OF ITS OBLIGATIONS UNDER THIS AGREEMENT, THE NOTE, AND MACDONALD WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIALOTHER LOAN DOCUMENT.

Appears in 1 contract

Samples: Mortgage Warehousing Loan and Security Agreement (American Home Mortgage Holdings Inc)

Jurisdiction; Immunities. {a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS CONNECTICUT STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY CONNECTICUT OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. THE NOTES. THE LETTERS OF CREDIT AGREEMENT OR THE OTHER FACILITY DOCUMENTS NOTE, AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS CONNECTICUT STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER IRREVOCABLY consents CONSENT TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE BORROWER AT ITS ADDRESS SPECIFIED IN SECTION 12.0610.6. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK SHALL BE BROUGHT ONLY IN MASSACHUSETTS CONNECTICUT STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIALCONNECTICUT.

Appears in 1 contract

Samples: Credit Agreement (First Aviation Services Inc)

Jurisdiction; Immunities. {a) BORROWER, ADMINISTRATIVE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BANK HEREBY IRREVOCABLY SUBMITS SUBMIT TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY NEW YORK CITY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE NOTES OR ANY OTHER LOAN DOCUMENT. THE NOTES. THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS BORROWER, ADMINISTRATIVE AGENT, AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD HEREBY BANK IRREVOCABLY AGREES AGREE THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT. BORROWER, ADMINISTRATIVE AGENT, AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BANK IRREVOCABLY consents CONSENT TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY BORROWER, ADMINISTRATIVE AGENT OR MACDONALD EACH BANK, AS THE CASE MAY BE, AT ITS ADDRESS THE ADDRESSES SPECIFIED IN SECTION 12.06HEREIN. BORROWER, ADMINISTRATIVE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD AGREES BANK AGREE THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. BORROWER, ADMINISTRATIVE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BANK FURTHER WAIVES WAIVE ANY OBJECTION TO VENUE IN SUCH THE STATE OF NEW YORK AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH THE STATE OF NEW YORK ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. Nothing in this Section shall affect the right of Borrower, Administrative Agent or any Bank to serve legal process in any other manner permitted by law. To the extent that Borrower, Administrative Agent or any Bank have or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether from service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, Borrower, Administrative Agent and each Bank hereby irrevocably waive such immunity in respect of its obligations under this Agreement, the Notes and any other Loan Document. BORROWER, ADMINISTRATIVE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD FURTHER AGREES THAT BANK WAIVE ANY RIGHT EACH SUCH PARTY MAY HAVE TO JURY TRIAL IN CONNECTION WITH ANY SUIT, ACTION OR PROCEEDING BROUGHT AGAINST WITH RESPECT TO THIS AGREEMENT, THE BANK SHALL BE NOTES OR THE LOANS. IN ADDITION, BORROWER HEREBY WAIVES, IN CONNECTION WITH ANY SUIT, ACTION OR PROCEEDING BROUGHT ONLY IN MASSACHUSETTS STATE BY ADMINISTRATIVE AGENT OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD WAIVES BANKS WITH RESPECT TO THE NOTES, ANY RIGHT IT BORROWER MAY HAVE TO JURY TRIAL(1) INTERPOSE ANY COUNTERCLAIM THEREIN (OTHER THAN A COMPULSORY COUNTERCLAIM) OR (2) HAVE THE SAME CONSOLIDATED WITH ANY OTHER OR SEPARATE SUIT, ACTION OR PROCEEDING. NOTHING HEREIN CONTAINED SHALL PREVENT OR PROHIBIT BORROWER FROM INSTITUTING OR MAINTAINING A SEPARATE ACTION AGAINST ADMINISTRATIVE AGENT OR THE BANKS WITH RESPECT TO ANY ASSERTED CLAIM.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Westfield America Inc)

Jurisdiction; Immunities. {(a) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD INDIVIDUAL GUARANTOR HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. , AND THE NOTES. THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD INDIVIDUAL GUARANTOR HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD INDIVIDUAL GUARANTOR IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE INDIVIDUAL GUARANTOR AT ITS ADDRESS SPECIFIED IN SECTION 12.0625. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD INDIVIDUAL GUARANTOR AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD INDIVIDUAL GUARANTOR FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD INDIVIDUAL GUARANTOR FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK ADMINISTRATIVE AGENT OR ANY LENDER SHALL BE BROUGHT ONLY IN MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK NEW YORK COUNTY. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIAL.

Appears in 1 contract

Samples: LCC International Inc

Jurisdiction; Immunities. {(a) THE BORROWER, THE AGENT AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BANK HEREBY IRREVOCABLY SUBMITS SUBMIT TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY MONROE COUNTY, NEW YORK OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. AGREEMENT OR THE NOTES. THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS , AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE BORROWER AT ITS ADDRESS SPECIFIED IN SECTION 12.0611.06. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD PARTY AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD PARTY FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD PARTY FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK AGENT SHALL BE BROUGHT ONLY IN MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK MONROE COUNTY, NEW YORK. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD PARTY WAIVES ANY RIGHT IT MAY HAVE TO JURY TRIAL.

Appears in 1 contract

Samples: Credit Agreement (Seneca Foods Corp /Ny/)

Jurisdiction; Immunities. {a(A) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD CO-BORROWERS HEREBY IRREVOCABLY SUBMITS SUBMIT TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING SI G IN NEW YORK, NASSAU OR SUFFOLK COUNTY COUNTIES OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. THE NOTES. THE LETTERS OF CREDIT AGREEMENT OR THE OTHER FACILITY DOCUMENTS NOTE, AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD CO-BORROWERS HEREBY IRREVOCABLY AGREES AGREE THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD CO-BORROWERS IRREVOCABLY consents CONSENT TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING (BY CERTIFIED OR REGISTERED MAIL) OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE CO-BORROWERS AT ITS THE ADDRESS SPECIFIED IN SECTION 12.0611.6. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD AGREES CO-BORROWERS AGREE THAT A FINAL JUDGMENT (INCLUDING ANY APPLICABLE APPEALS) IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD CO-BORROWERS FURTHER WAIVES WAIVE ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD CO-BORROWERS FURTHER AGREES AGREE THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE BANK SHALL BE BROUGHT ONLY IN MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN NEW YORK, NASSAU OR SUFFOLK COUNTY. EACH OF THE JLM DOMESTIC ENTITIES BANK AND MACDONALD WAIVES THE CO-BORROWERS WAIVE ANY RIGHT IT THEY MAY HAVE TO JURY TRIALTRIAL WITH RESPECT TO THIS AGREEMENT AND THE OTHER FACILITY DOCUMENTS.

Appears in 1 contract

Samples: Revolving Credit Agreement (Comforce Corp)

Jurisdiction; Immunities. {a(A) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN NEW YORK OR SUFFOLK COUNTY COUNTIES OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. AGREEMENT OR THE NOTES. , AND THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING (BY CERTIFIED OR REGISTERED MAIL) OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE BORROWER AT ITS THE ADDRESS SPECIFIED IN SECTION 12.0612.6. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER AGREES THAT A FINAL JUDGMENT (INCLUDING ANY APPLICABLE APPEALS) IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE ANY BANK SHALL BE BROUGHT ONLY IN MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN NEW YORK OR SUFFOLK COUNTYCOUNTIES. EACH OF THE JLM DOMESTIC ENTITIES BANKS AND MACDONALD WAIVES THE BORROWER WAIVE ANY RIGHT IT THEY MAY HAVE TO JURY TRIALTRIAL WITH RESPECT TO THIS AGREEMENT AND THE OTHER FACILITY DOCUMENTS.

Appears in 1 contract

Samples: Revolving Credit Agreement (Schein Henry Inc)

Jurisdiction; Immunities. {a(A) EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY MASSACHUSETTS NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTY NEW YORK OR NASSAU COUNTIES OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. AGREEMENT OR THE NOTES. , AND THE LETTERS OF CREDIT OR THE OTHER FACILITY DOCUMENTS AND EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH MASSACHUSETTS NEW YORK STATE OR FEDERAL COURT. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER IRREVOCABLY consents CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING (BY CERTIFIED OR REGISTERED MAIL) OF COPIES OF SUCH PROCESS TO SUCH JLM DOMESTIC ENTITY OR MACDONALD THE BORROWER AT ITS THE ADDRESS SPECIFIED IN SECTION 12.0612.6 HEREOF. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER AGREES THAT A FINAL JUDGMENT (INCLUDING ANY APPLICABLE APPEALS) IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY Be BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON COVENIENSCONVENIENS. EACH OF THE JLM DOMESTIC ENTITIES AND MACDONALD BORROWER FURTHER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST THE ANY BANK SHALL BE BROUGHT ONLY IN MASSACHUSETTS A NEW YORK STATE OR UNITED STATES FEDERAL COURT SITTING IN SUFFOLK COUNTYNEW YORK OR NASSAU COUNTIES. EACH OF THE JLM DOMESTIC ENTITIES AGENT, THE BANKS AND MACDONALD THE BORROWER WAIVES ANY RIGHT IT THEY MAY HAVE TO JURY TRIALTRIAL WITH RESPECT TO THIS AGREEMENT AND THE OTHER FACILITY DOCUMENTS.

Appears in 1 contract

Samples: Revolving Credit Agreement (Standard Funding Corp)

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