Common use of Jurisdiction; Immunities Clause in Contracts

Jurisdiction; Immunities. (a) Borrowers hereby irrevocably submits to the jurisdiction of any New York State or United States Federal court sitting in Suffolk or Nassau County over any action or proceeding arising out of or relating to this Agreement or any of the Notes, and 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. To the extent permitted by applicable law, Borrower irrevocably 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 it. Borrower 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. To the extent permitted by applicable law, Borrower further waives any objection to venue in such State or Federal Court and any objection to an action or proceeding in such State or Federal Court on the basis of forum non conveniens. Borrower further agrees that any action or proceeding brought against the Bank or the Agent shall be brought only in New York State or United States Federal court sitting in Suffolk or Nassau County. (b) THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL. (c) Nothing in this Section shall affect the right of the Bank or the Agent to serve legal process in any other manner permitted by law or affect the right of the Bank or the Agent to bring any action or proceeding against Borrower or its property in the courts of any other jurisdictions. (d) To the extent that 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, Borrower hereby irrevocably waives, to the extent permitted by applicable law, such immunity in respect of its obligations under this Agreement and the Note.

Appears in 1 contract

Samples: Credit Agreement (Disc Graphics Inc /De/)

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Jurisdiction; Immunities. (a) Borrowers Each Borrower hereby irrevocably submits to the jurisdiction of any New York State or United States Federal court sitting in Suffolk or Nassau County of New York in the State of New York over any action or proceeding arising out of or relating to this Agreement or any of the NotesFinancing Documents, and each 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. To the extent permitted by applicable law, Each Borrower irrevocably 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 itsuch Borrower at its address specified on the signature page of this Agreement by registered mail, return receipt requested. Each 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. To the extent permitted by applicable law, Each Borrower further waives any objection to venue in such State or Federal Court and any objection to an action or proceeding in such State or Federal Court on the basis of forum non conveniensinconvenient forum. Each Borrower further agrees that any action or proceeding brought against the Bank or the Agent shall be brought only in New York State or United States Federal court sitting in Suffolk or Nassau County. (b) THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL. (c) the County of New York. Nothing in this Section shall affect the right of the Bank or the Agent to serve legal process in any other manner permitted by law Law or affect the right of the Bank or the Agent to bring any action or proceeding against any Borrower or its property in the courts of any other jurisdictions. (d) . To the extent that any Borrower has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether from through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, each Borrower hereby irrevocably waives, to the extent permitted by applicable law, waives such immunity in respect of its obligations under this Agreement and all of the NoteFinancing Documents.

Appears in 1 contract

Samples: Credit Agreement (Orbit International Corp)

Jurisdiction; Immunities. (a) Borrowers The Borrower hereby irrevocably submits to the jurisdiction of any New York State or United States Federal court sitting in Suffolk or Nassau County Monroe County, New York, over any action or proceeding arising out of or relating to this Agreement or any of the NotesNote, and the 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. To the extent permitted by applicable law, Borrower irrevocably 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 it. The Borrower 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. To the extent permitted by applicable law, The Borrower further waives any objection to venue in such State or Federal Court and any objection to an action or proceeding in such State or Federal Court on the basis of forum non conveniens. The Borrower further agrees that any action or proceeding brought against the Bank or the Agent shall be brought only in New York State or United States Federal court sitting in Suffolk or Nassau Monroe County. (b) THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL. (c) Nothing in this Section ss. 12.08 shall affect the right of the Bank or the Agent to serve legal process in any other manner permitted by law or affect the right of the Bank or the Agent to bring any action or proceeding against the Borrower or its property in the courts of any other jurisdictions. (dc) 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 through 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, to the extent permitted by applicable law, waives such immunity in respect of its obligations under this Agreement and the Note.

Appears in 1 contract

Samples: Credit Agreement (Performance Technologies Inc \De\)

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Jurisdiction; Immunities. β€Œ (a) Borrowers NYRA hereby irrevocably submits to the jurisdiction of any New York State court or United States Federal federal court sitting in Suffolk or Nassau County New York over any action or proceeding arising out of or relating to this Agreement or any of the NotesAgreement, and Borrower NYRA 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 federal court. To the extent permitted by applicable law, Borrower NYRA irrevocably 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 itNYRA at its address set forth above. Borrower XXXX 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. To the extent permitted by applicable law, Borrower NYRA further waives any objection to venue in such State or Federal Court courts and any objection to an action or proceeding in such State or Federal Court courts on the basis of forum non conveniens. Borrower XXXX further agrees that any action or proceeding brought against the Bank or the Agent State shall be brought only in New York State court or United States Federal federal court sitting in Suffolk or Nassau CountyNew York State. (b) THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL. (c) Nothing in this Section 5.07 shall affect the right of the Bank or the Agent State to serve legal process in any other manner permitted by law or affect the right of the Bank or the Agent State to bring any action or proceeding against Borrower NYRA or its property in the courts of any other jurisdictions. (dc) To the extent that Borrower NYRA has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether from through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, Borrower NYRA hereby irrevocably waives, to the extent permitted by applicable law, waives such immunity in respect of its obligations under this Agreement and the NoteAgreement.

Appears in 1 contract

Samples: Financing and Repayment Agreement

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