Jurisdiction; Service. (a) The Parties agree that any action or proceeding against a Party to this Agreement arising out of or relating in any way to the terms of this Agreement, or any Person’s rights under this Agreement, shall be brought only in (i) the United States District Court for the Southern District of New York unless no federal subject matter jurisdiction exists, in which case the action or proceeding shall be brought only in the courts of the State of New York located in the Borough of Manhattan, (ii) the competent courts of Bermuda.
Jurisdiction; Service. Solely with respect to the Agreement (as supplemented hereby and as further amended, modified or supplemented from time to time) and the transactions and other matters contemplated thereby or relating thereto, each of the parties hereto hereby irrevocably and unconditionally agrees (a) to be subject to the jurisdiction of the courts of the State of Delaware and of the federal courts sitting in the State of Delaware, and (b)(i) to the extent such party is not otherwise subject to service of process in the State of Delaware, to appoint and maintain an agent in the State of Delaware as such party's agent for acceptance of legal process, and (ii) that service of process may also be made on such party by prepaid certified mail with a proof of mailing receipt validated by the United States Postal Service constituting evidence of valid service, and that service made pursuant to (b)(i) or (ii) above shall have the same legal force and effect as if served upon such party personally within the State of Delaware. For purposes of implementing the parties' foregoing agreement to appoint and maintain an agent for service of process in the State of Delaware solely in respect of the Agreement and the transactions and other matters contemplated thereby or relating thereto, each such party that has not as of the date hereof already duly appointed such an agent does hereby appoint RL&F Service Corp., Xxx Xxxxxx Xxxxxx, 10th Floor, Wilmington, Delaware 19801, as such agent.
Jurisdiction; Service. AS A SPECIFICALLY BARGAINED INDUCEMENT FOR THE LENDERS AND AGENT TO EXTEND CREDIT GIVING RISE TO THE GUARANTEED OBLIGATIONS, EACH OF THE GUARANTORS HAS AGREED THAT ANY ACTION, SUIT OR PROCEEDING IN RESPECT OF OR ARISING FROM OR OUT OF THIS GUARANTY, ITS VALIDITY OR PERFORMANCE, AT THE SOLE OPTION OF THE LENDERS OR AGENT, THEIR RESPECTIVE SUCCESSORS OR ASSIGNS, SHALL BE INITIATED AND PROSECUTED AS TO ALL PARTIES AND THEIR SUCCESSORS AND ASSIGNS AT CHICAGO, ILLINOIS. EACH OF THE LENDERS, AGENT AND EACH OF THE GUARANTORS CONSENTS TO AND SUBMITS TO THE EXERCISE OF JURISDICTION OVER ITS PERSON BY ANY COURT SITUATED AT CHICAGO, ILLINOIS, AND HAVING JURISDICTION OVER THE SUBJECT MATTER.
Jurisdiction; Service. Any claim arising out of or relating to this Agreement shall be resolved solely in the Supreme Court of the State of New York, New York County or the United States District Court for the Southern District of New York, City and State of New York, and appellate courts from any thereof (“Courts”). The Company and the Representatives hereby irrevocably (a) submit to the jurisdiction of the foregoing Courts and (b) waive any objection which either party may have at any time to the laying on or of venue of any suit, action or proceeding arising out of or relating to this Agreement brought in any such Court and (c), waive any claim that any such suit, action or proceeding brought in any such Court has been brought in an inconvenient forum, and (d) waive any objection in any such suit to discovery and/or disclosure under the applicable federal and local rules of civil procedure or the New York State civil practice laws and rules based upon the purported confidentiality of any document or the disclosure of any information, including but not limited to the identification of relevant individuals and/or businesses, under the laws of the Cayman Islands. The Company irrevocably appoints EG&S as its agent for service of process in the State of New York to receive, for the Company on its behalf, service of process in any proceeding. Any such process or summons to be served upon the Company may be served by personal delivery, by mail, or in any other manner as may be permitted by the rules of the Court in which the action, suit or proceeding is commenced, upon the Company c/o Ellenoff Gxxxxxxx & Schole LLP, 300 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, 00000, Attention: Dxxxxxx Xxxxxxxx. Such delivery shall be deemed personal service and shall be legal and binding upon the Company in any action, proceeding or claim. The Company agrees that the prevailing party(ies) in any such action shall be entitled to recover from the other party(ies) all of its reasonable attorneys’ fees and expenses relating to such action or proceeding and/or incurred in connection with the preparation therefor.
Jurisdiction; Service. The federal and state courts located within the State of New Jersey shall have exclusive jurisdiction with respect to any legal proceeding brought to enforce any aspect of this Agreement. Service of process may be effected by regular mail to the corporate headquarters of HUB and to the last known residence or business address of Xxxxx.
Jurisdiction; Service. 48 Section 9.8. Governing Law................................................. 48 Section 9.9. Instructions in Writing....................................... 48 EXHIBITS EXHIBIT A-1 FORM OF CLASS A INVESTOR CERTIFICATE EXHIBIT A-2 FORM OF CLASS B INVESTOR CERTIFICATE EXHIBIT B FORM OF MONTHLY SERIES 1997-1 CERTIFICATEHOLDERS' STATEMENT EXHIBIT C FORM OF MONTHLY SERVICER'S CERTIFICATE SERIES 1997-1 SUPPLEMENT, dated as of October 15, 1997 (this "Supplement") by and among XXXXXX XXXXXX RECEIVABLES CORPORATION, a corporation organized and existing under the laws of the State of Minnesota, as Transferor (the "Transferor"), RETAILERS NATIONAL BANK, a national banking association organized and existing under the laws of the United States, as Servicer (the "Servicer"), and NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States, as trustee (together with its successors in trust thereunder as provided in the Agreement referred to below, the "Trustee") under the Pooling and Servicing Agreement dated as of September 13, 1995, as amended (the "Agreement") among the Transferor, the Servicer and the Trustee.
Jurisdiction; Service. (a) The Parties submit to the exclusive jurisdiction in the courts of England and Wales for the limited purpose of enforcing the agreement to arbitrate set forth in this Article XIV. For the avoidance of doubt, no Party shall approach any court in any jurisdiction to challenge whether the Parties may arbitrate any dispute, claim or controversy arising out of, relating to, or in connection with, this Agreement.
Jurisdiction; Service. The federal and state courts located within the State of New Jersey shall have exclusive jurisdiction with respect to any legal proceeding brought to enforce any aspect of this Agreement. Service of process may be effected by regular mail to the corporate headquarters of HUB and to the last known residence or business address of Lamb.
Jurisdiction; Service. With respect to any suit, action or proceeding relating to this Debenture, each party irrevocably (i) submits to the non-exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania and the United States District Court for the Eastern District, Commonwealth of Pennsylvania; and (ii) waives any objection which it may have at any time to the laying of venue of any proceedings brought in any such court, waives any claim that such proceedings have been brought in any inconvenient forum and further waives the right to object, with respect to such proceedings, that the court does not have jurisdiction over such party. Service of process in any such action may be made, and shall be deemed sufficient, in the manner for the giving of notice set forth herein.
Jurisdiction; Service. The parties each consent to the jurisdiction of the state or federal courts of Minnesota. Each party agrees that service of process may be made upon it wherever it can be located or by certified mail directed to its address for notices under this Agreement.
