Common use of Jurisdiction; Immunities Clause in Contracts

Jurisdiction; Immunities. Each Credit Party hereby irrevocably submits to the jurisdiction of any New York State or United States Federal court sitting in County of Nassau in the State of New York over any action or proceeding arising out of or relating to any of the Financing Documents, and each Credit Party hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in such New York State or Federal court. Each Credit Party 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 Credit Party at its address specified on the signature page of this Agreement by registered mail, return receipt requested. Each Credit Party agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in any other jurisdictions by suit on the judgment or in any other manner provided by Law. Each Credit Party further waives any objection to venue in such State on the basis of inconvenient forum. Each Credit Party further agrees that any action or proceeding brought against Bank shall be brought only in New York State or United States Federal court sitting in the County of Nassau. Nothing in this Section shall affect the right of Bank to serve legal process in any other manner permitted by Law or affect the right of Bank to bring any action or proceeding against any Credit Party or its property in the courts of any other jurisdictions. To the extent that any Credit Party has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, such Credit Party hereby irrevocably waives such immunity in respect of its obligations under all of the Financing Documents.

Jurisdiction; Immunities. Each Credit Party Borrower, Administrative Agent and each Bank hereby irrevocably submits submit to the jurisdiction of any New York State or United States Federal court sitting in County of Nassau in the State of New York County over any action or proceeding arising out of or relating to this Agreement, the Notes or any of the Financing Documentsother Loan Document. Borrower, Administrative Agent, and each Credit Party hereby Bank irrevocably agrees agree that all claims in respect of such action or proceeding may be heard and determined in such New York State or United States Federal court. Each Credit Party Borrower, Administrative Agent, and 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 Credit Party Borrower, Administrative Agent or each Bank, as the case may be, at its address the addresses specified on the signature page of this Agreement by registered mailherein. Borrower, return receipt requested. Each Credit Party agrees Administrative Agent and each Bank agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in any other jurisdictions by suit on the judgment or in any other manner provided by Law. Each Credit Party Borrower, Administrative Agent and 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 the State of New York on the basis of inconvenient forumforum non conveniens. Each Credit Party further agrees Borrower, Administrative Agent and each Bank agree that any action or proceeding brought against Bank Borrower, Administrative Agent or any Bank, as the case may be, shall be brought only in a New York State court sitting in New York County or a United States Federal court sitting in New York County, to the County of Nassauextent permitted or not expressly prohibited by applicable Law. 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 or affect the right of Bank to bring any action or proceeding against any Credit Party or its property in the courts of any other jurisdictionsLaw. To the extent that Borrower, Administrative Agent or any Credit Party has Bank have or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through from service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, such Credit Party Borrower, Administrative Agent and each Bank hereby irrevocably waives waive such immunity in respect of its obligations under all of this Agreement, the Financing DocumentsNotes and any other Loan Document. BORROWER, ADMINISTRATIVE AGENT AND EACH BANK WAIVE ANY RIGHT EACH SUCH PARTY MAY HAVE TO JURY TRIAL IN CONNECTION WITH ANY SUIT, ACTION OR PROCEEDING BROUGHT WITH RESPECT TO THIS AGREEMENT, THE NOTES OR THE LOANS. EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

Jurisdiction; Immunities. Each Credit Party Borrower hereby irrevocably submits to the jurisdiction of any New York State or United States Federal court sitting in County of Nassau in the State of New York over any action or proceeding arising out of or relating to any of the Financing Documents, and each Credit Party Borrower hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in such New York State or Federal court. Each Credit Party Borrower 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 Credit Party party at its address specified on the signature page of this Agreement by registered mail, return receipt requested. Each Credit Party Borrower agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in any other jurisdictions by suit on the judgment or in any other manner provided by Law. Each Credit Party Borrower further waives any objection to venue in such State on the basis of inconvenient forum. Each Credit Party Borrower further agrees that any action or proceeding brought against Bank the other party shall be brought only in New York State or United States Federal court sitting in the County of Nassau. Nothing in this Section shall affect the right of Bank to serve legal process in any other manner permitted by Law or affect the right of Bank to bring any action or proceeding against any Credit Party Borrower or its property in the courts of any other jurisdictions. To the extent that any Credit Party Borrower has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, such Credit Party Borrower hereby irrevocably waives such immunity in respect of its obligations under all of the Financing Documents.

Jurisdiction; Immunities. Each Credit Party Borrower hereby irrevocably submits to the jurisdiction of any State of New York State or United States Federal court sitting in County the Borough of Nassau in the State of Manhattan, New York over any action or proceeding arising out of or relating to this Agreement, either Term Loan Note or any of the Financing Documentsother Loan Document, and each Credit Party Borrower hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in such State of New York State or Federal court. Each Credit Party Borrower 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 Credit Party Borrower at its address specified on the signature page of this Agreement by registered mail, return receipt requestedhereof. Each Credit Party Borrower agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in any other jurisdictions by suit on the judgment or in any other manner provided by Lawlaw. Each Credit Party 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 inconvenient forumforum non convenience. Each Credit Party further Borrower agrees that any action or proceeding brought against Bank the Lender shall be brought only in State of New York State or United States Federal court sitting in the County Borough of NassauManhattan, New York. Nothing in this Section 9.07 shall affect the right of Bank the Lender to serve legal process in any other manner permitted by Law or affect the right of Bank Lender to bring any action or proceeding against any Credit Party Borrower or its property in the courts of any other jurisdictions. To the extent that any Credit Party Borrower has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through from service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, such Credit Party Borrower hereby irrevocably waives such immunity in respect of its obligations under all of this Agreement, the Financing DocumentsTerm Loan Notes, and any other Loan Document.

Jurisdiction; Immunities. Each Credit Party Borrower hereby irrevocably submits to the jurisdiction of any New York State or United States Federal court sitting in County of Nassau New York in the State of New York over any action or proceeding arising out of or relating to any of the Financing Loan Documents, and each Credit Party Borrower hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in such New York State or Federal court. Each Credit Party Borrower 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 Credit Party Borrower at its address specified on the signature page of this Agreement by registered mail, return receipt requested. Each Credit Party Borrower agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in any other jurisdictions by suit on the judgment or in any other manner provided by Law. Each Credit Party Borrower further waives any objection to venue in such State on the basis of inconvenient forum. Each Credit Party Borrower further agrees that any action or proceeding brought against Bank shall be brought only in New York State or United States Federal court sitting in the County of NassauNew York. Nothing in this Section shall affect the right of Bank to serve legal process in any other manner permitted by Law or affect the right of Bank to bring any action or proceeding against any Credit Party Borrower or its property in the courts of any other jurisdictions. To the extent that any Credit Party Borrower has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, such Credit Party each Borrower hereby irrevocably waives such immunity in respect of its obligations under all of the Financing Loan Documents.

Jurisdiction; Immunities. Each Credit Party Borrower hereby irrevocably submits to the jurisdiction of any New York Colorado State or United States Federal court sitting in County of Nassau in the State of New York Denver over any action or proceeding arising out of or relating to this Agreement, the Notes, or any of the Financing Documentsother Loan Document, and each Credit Party Borrower hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in such New York Colorado State or Federal court. Each Credit Party Borrower 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 Credit Party Borrower at its then current address specified on as described in Section 13.3. Borrower agrees, to the signature page of this Agreement extent permitted by registered mailLaw, return receipt requested. Each Credit Party agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in any other jurisdictions by suit on the judgment or in any other manner provided by Law. Each Credit Party 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 inconvenient forumforum non conveniens. Each Credit Party further Borrower agrees that any action or proceeding brought against any Bank shall be brought only in New York Colorado State or United States Federal court sitting in the County of NassauDenver. Nothing in this Section shall affect the right of any Bank to serve legal process in any other manner permitted by Law or affect the right of any Bank to bring any action or proceeding against any Credit Party Borrower or its property in the courts of any other jurisdictionsjurisdiction. To the extent that any Credit Party Borrower has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through from service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, such Credit Party Borrower hereby irrevocably waives waives, to the extent permitted by law, such immunity in respect of its obligations under all of this Agreement, the Financing DocumentsNotes, the Letters or Credit, and any other Loan Document.

Jurisdiction; Immunities. Each Credit Party hereby irrevocably submits to the jurisdiction of any New York State or United States Federal court sitting in County of Nassau in the State of New York City over any action or proceeding proceeding, arising out of or relating to this Agreement, the Notes, the Letters of Credit, or any of the Financing Documentsother Loan Document, and each Credit Party hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in such New York State or Federal court. Each Credit Party 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 each Credit Party at its address their respective addresses specified on the signature page of this Agreement by registered mail, return receipt requestedin Section 14.05. Each Credit Party agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in any other jurisdictions by suit on the judgment or in any other manner provided by Law. Each Credit 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 inconvenient forum. Each Credit Party further agrees that any action or proceeding brought against either Administrative Agent or any Bank shall be brought only in New York State or United States Federal court sitting in the County of NassauNew York County. Nothing in this Section 14.08 shall affect the right of either Administrative Agent or any Bank to serve legal process in any other manner permitted by Law or affect the right of either Administrative Agent or any Bank to bring any action or proceeding against any Credit Party or its property in the courts of any other jurisdictions. To the extent that any Credit Party has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through from service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, such each Credit Party hereby irrevocably waives such immunity in respect of its obligations under all this Agreement, the Notes, the Letters of the Financing DocumentsCredit, and any other Loan Document.

Jurisdiction; Immunities. Each Credit Party Borrower hereby irrevocably submits to the jurisdiction of any New York Minnesota State or United States Federal court sitting in County of Nassau in the State of New York Minneapolis, MN over any action or proceeding arising out of or relating to this Agreement, the Notes, the Letters of Credit, or any of the Financing Documentsother Loan Document, and each Credit Party Borrower hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in such New York Minnesota State or Federal court. Each Credit Party Borrower 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 Credit Party Borrower at its address specified on in Section 12.05. Borrower agrees, to the signature page of this Agreement extent permitted by registered maillaw, return receipt requested. Each Credit Party agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in any other jurisdictions by suit on the judgment or in any other manner provided by Law. Each Credit Party 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 inconvenient forumforum non convenience. Each Credit Party further Borrower agrees that any action or proceeding brought against any Bank Party shall be brought only in New York Minnesota State or United States Federal court sitting in the County of NassauMinneapolis, Minnesota. Nothing in this Section shall affect the right of any Bank Party to serve legal process in any other manner permitted by Law or affect the right of any Bank Party to bring any action or proceeding against any Credit Party Borrower or its property in the courts of any other jurisdictionsjurisdiction. To the extent that any Credit Party Borrower has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through from service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, such Credit Party Borrower hereby irrevocably waives waives, to the extent permitted by law, such immunity in respect of its obligations under all of this Agreement, the Financing DocumentsNotes, the Letters or Credit, and any other Loan Document.