Common use of Jurisdiction; Venue and Service Clause in Contracts

Jurisdiction; Venue and Service. For purposes of this Agreement, each of the Borrowers and the Guarantors hereby irrevocably consents and submits to the nonexclusive jurisdiction and venue of all federal and state courts located in the County of Erie, State of New York and consents that any order, process, notice of motion or other application to or by any of said courts or a judge thereof may be served within or without such court's jurisdiction by registered mail or by personal service, provided a reasonable time for appearance is allowed, in connection with any action or proceeding arising out of, under or relating to this Agreement or the Facility Documents. At the option of the Agent, upon the instructions of the Required 84 86 Lenders, the Borrowers or the Guarantors may be joined in any action or proceeding commenced by the Agent or the Lenders against any Security Document Party in connection with or based on the Security Documents, and recovery may be had against the Borrowers or the Guarantors in such action or proceeding or in any independent action or proceeding against the Borrowers, without any requirement that the Agent or the Lenders first assert, prosecute or exhaust any remedy or claim against any Security Document Party. Each of the Borrowers and the Guarantors hereby irrevocably waives (to the fullest extent permitted by applicable law) any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of, under or relating to this Agreement or any Facility Document brought in any federal or state court located in the County of Erie, State of New York, and hereby further irrevocably waives (to the fullest extent permitted by applicable law) any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. CTG (UK) Ltd hereby further irrevocably and unconditionally waives any immunity to which it or its assets may at any time be or become entitled, whether characterized as sovereign immunity or otherwise, from any set-off or legal action in the United States, United Kingdom or elsewhere, including immunity from service of process, immunity from jurisdiction or any court or tribunal and immunity of any of its assets from attachment prior to judgment or from execution of a judgment.

Appears in 1 contract

Samples: Credit Agreement (Computer Task Group Inc)

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Jurisdiction; Venue and Service. For purposes of this Agreement, each of the Borrowers and the Guarantors Borrower hereby irrevocably consents and submits to the nonexclusive jurisdiction and venue of all federal and state courts located in the County of ErieMonroe, State of New York and consents that any order, process, notice of motion or other application to or by any of said courts or a judge thereof may be served within or without such court's jurisdiction by registered mail or by personal service, provided a reasonable time for appearance is allowed, in connection with any action or proceeding arising out of, under or relating to this Agreement or the Facility Documents. At the option of the Agent, upon the instructions of the Required 84 86 Lenders, the Borrowers or the Guarantors may be joined in any action or proceeding commenced by the Agent or the Lenders against any Security Document Party in connection with or based on the Security Documents, and recovery may be had against the Borrowers or the Guarantors in such action or proceeding or in any independent action or proceeding against the Borrowers, without any requirement that the Agent or the Lenders first assert, prosecute or exhaust any remedy or claim against any Security Document Party. Each of the Borrowers and the Guarantors hereby irrevocably waives (to the fullest extent permitted by applicable law) any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of, under or relating to this Agreement or any Facility Document brought in any federal or state court located in the County of ErieMonroe, State of New York, and hereby further irrevocably waives (to the fullest extent permitted by applicable law) any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. CTG (UK) Ltd hereby further irrevocably and unconditionally waives any immunity to which it or its assets may at any time be or become entitled, whether characterized as sovereign immunity or otherwise, from any set-off or legal action in the United States, United Kingdom or elsewhere, including immunity from service of process, immunity from jurisdiction or any court or tribunal and immunity of any of its assets from attachment prior to judgment or from execution of a judgment.

Appears in 1 contract

Samples: Credit Agreement (Act Manufacturing Inc)

Jurisdiction; Venue and Service. For purposes of this Agreement, each Each of the Borrowers and the Guarantors hereby irrevocably consents and submits to the nonexclusive jurisdiction and venue of all federal and state courts located in the County of ErieNew York, State of New York and consents that any order, process, notice of motion or other application to or by any of said courts or a judge thereof may be served within or without such court's ’s jurisdiction by registered mail or by personal service, provided a reasonable time for appearance is allowed, in connection with any action or proceeding arising out of, under or relating to this Agreement or the Facility DocumentsAgreement. At the option of the Agent, upon the instructions of the Required 84 86 Lenders, the Borrowers or the Guarantors may be joined in any action or proceeding commenced by the Agent or the Lenders against any Security Document Party Borrower or Guarantor in connection with or based on the Security Documentsthis Agreement, and recovery may be had against the Borrowers or the Guarantors in such action or proceeding or in any independent action or proceeding against the Borrowers, without any requirement that the Agent or the Lenders first assert, prosecute or exhaust any remedy or claim against any Security Document PartyBorrower or Guarantor. Each of the Borrowers and the Guarantors hereby irrevocably waives (to the fullest extent permitted by applicable law) any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of, under or relating to this Agreement or any Facility Document brought in any federal or state court located in the County of ErieNew York, State of New York, and hereby further irrevocably waives (to the fullest extent permitted by applicable law) any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. CTG (UK) Ltd hereby further irrevocably and unconditionally waives any immunity to which it or its assets may at any time be or become entitled, whether characterized as sovereign immunity or otherwise, from any set-off or legal action in the United States, United Kingdom or elsewhere, including immunity from service of process, immunity from jurisdiction or any court or tribunal and immunity of any of its assets from attachment prior to judgment or from execution of a judgment.

Appears in 1 contract

Samples: Credit Agreement (Huttig Building Products Inc)

Jurisdiction; Venue and Service. For purposes of this Agreement, each of the Borrowers and the Guarantors Borrower hereby irrevocably consents and submits to the nonexclusive jurisdiction and venue of all federal and state courts located in the County of Erie, State of New York and consents that any order, process, notice of motion or other application to or by any of said courts or a judge thereof may be served within or without such court's jurisdiction by registered mail or by 86 personal service, provided PROVIDED a reasonable time for appearance is allowed, in connection with any action or proceeding arising out of, under or relating to this Agreement or the Facility Documents. At the option of the Agent, upon the instructions of the Required 84 86 Lenders, the Borrowers or the Guarantors may be joined in any action or proceeding commenced by the Agent or the Lenders against any Security Document Party in connection with or based on the Security Documents, and recovery may be had against the Borrowers or the Guarantors in such action or proceeding or in any independent action or proceeding against the Borrowers, without any requirement that the Agent or the Lenders first assert, prosecute or exhaust any remedy or claim against any Security Document Party. Each of the Borrowers and the Guarantors hereby irrevocably waives (to the fullest extent permitted by applicable law) any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of, under or relating to this Agreement or any Facility Document brought in any federal or state court located in the County of Erie, State of New York, and hereby further irrevocably waives (to the fullest extent permitted by applicable law) any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. CTG (UK) Ltd hereby further irrevocably and unconditionally waives any immunity to which it or its assets may at any time be or become entitled, whether characterized as sovereign immunity or otherwise, from any set-off or legal action in the United States, United Kingdom or elsewhere, including immunity from service of process, immunity from jurisdiction or any court or tribunal and immunity of any of its assets from attachment prior to judgment or from execution of a judgment.

Appears in 1 contract

Samples: Credit and Security Agreement (Option Care Inc/De)

Jurisdiction; Venue and Service. For purposes of this Agreement, each of the Borrowers and the Guarantors hereby irrevocably consents and submits to the nonexclusive jurisdiction and venue of all federal and state courts located in the County of ErieNew York, State of New York and consents that any order, process, notice of motion or other application to or by any of said courts or a judge thereof may be served within or without such court's jurisdiction by registered mail or by personal service, provided PROVIDED a reasonable time for appearance is allowed, in connection with any action or proceeding arising out of, ; under or relating to this Agreement or the Facility Documents. At the option of the Agent, upon the instructions of the Required 84 86 Lenders, the Borrowers or the Guarantors may be joined in any action or proceeding commenced by the Agent or the Lenders against any Security Document Party Borrower or Guarantor in connection with or based on the Security Documents, and recovery may be had against the Borrowers or the Guarantors in such action or proceeding or in any independent action or proceeding against the Borrowers, without any requirement that the Agent or the Lenders first assert, prosecute or exhaust any remedy or claim against any Security Document PartyBorrower or Guarantor. Each of the Borrowers and the Guarantors hereby irrevocably waives (to the fullest extent permitted by applicable law) any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of, ; under or relating to this Agreement or any Facility Document brought in any federal or state court located in the County of ErieNew York, State of New York, and hereby further irrevocably waives (to the fullest extent permitted by applicable law) any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. CTG (UK) Ltd hereby further irrevocably and unconditionally waives any immunity to which it or its assets may at any time be or become entitled, whether characterized as sovereign immunity or otherwise, from any set-off or legal action in the United States, United Kingdom or elsewhere, including immunity from service of process, immunity from jurisdiction or any court or tribunal and immunity of any of its assets from attachment prior to judgment or from execution of a judgment.

Appears in 1 contract

Samples: Credit Agreement (Hawk Corp)

Jurisdiction; Venue and Service. For purposes of this Agreement, each Each of the Borrowers and the Guarantors hereby irrevocably consents and submits to the nonexclusive jurisdiction and venue of all federal and state courts located in the County of ErieNew York, State of New York and consents that any order, process, notice of motion or other application to or by any of said courts or a judge thereof may be served within or without such court's ’s jurisdiction by registered mail or by personal service, provided a reasonable time for appearance is allowed, in connection with any action or proceeding arising out of, under or relating to this Agreement or the Facility DocumentsAgreement. At the option of the Agent, upon the instructions of the Required 84 86 Lenders, the Borrowers or the Guarantors may be joined in any action or proceeding commenced by the Agent or the Lenders against any Security Document Party Borrower or Guarantor in connection with or based on the Security Documentsthis Agreement, and recovery may be had against the Borrowers or the Guarantors in such action or proceeding or in any independent action or proceeding against the Borrowers, without any requirement that the Agent or the Lenders first assert, prosecute or exhaust any remedy or claim against any Security Document PartyBorrower or Guarantor. Each of the Borrowers and the Guarantors hereby irrevocably waives (to the fullest extent permitted by applicable law) any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of, under or relating to this Agreement or any Facility Document brought in any federal or state court located in the County of ErieNew York, State of New York, and hereby further irrevocably waives (to the fullest extent permitted by applicable law) any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. CTG (UK) Ltd hereby further irrevocably and unconditionally waives any immunity to which it or its assets may at any time be or become entitled, whether characterized as sovereign immunity or otherwise, from any set-off or legal action in the United States, United Kingdom or elsewhere, including immunity from service of process, immunity from jurisdiction or any court or tribunal and immunity of any of its assets from attachment prior to judgment or from execution of a judgment.SECOND AMENDMENT TO HUTTIG CREDIT AGREEMENT

Appears in 1 contract

Samples: Credit Agreement (Huttig Building Products Inc)

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Jurisdiction; Venue and Service. For purposes of this Agreement, each Each of the Borrowers and the Guarantors hereby irrevocably consents and submits to the nonexclusive jurisdiction and venue of all federal and state courts located in the County of ErieNew York, State of New York and consents that any order, process, notice of motion or other application to or by any of said courts or a judge thereof may be served within or without such court's ’s jurisdiction by registered mail or by personal service, provided a reasonable time for appearance is allowed, in connection with any action or proceeding arising out of, under or relating to this Agreement or the Facility DocumentsAgreement. At the option of the Agent, upon the instructions of the Required 84 86 Lenders, the Borrowers or the Guarantors may be joined in any action or proceeding commenced by the Agent or the Lenders against any Security Document Party Borrower or Guarantor in connection with or based on the Security Documentsthis Agreement, and recovery may be had against the Borrowers or the Guarantors in such action or proceeding or in any independent action or proceeding against the Borrowers, without any requirement that the Agent or the Lenders first assert, prosecute or exhaust any remedy or claim against any Security Document PartyBorrower or Guarantor. Each of the Borrowers and the Guarantors hereby irrevocably waives (to the fullest extent permitted by applicable law) any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of, under or relating to this Agreement or any Facility Document brought in any federal or state court located in the County of ErieNew York, State of New York, and hereby further irrevocably waives (to the fullest extent permitted SECOND AMENDMENT TO HUTTIG CREDIT AGREEMENT by applicable law) any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. CTG (UK) Ltd hereby further irrevocably and unconditionally waives any immunity to which it or its assets may at any time be or become entitled, whether characterized as sovereign immunity or otherwise, from any set-off or legal action in the United States, United Kingdom or elsewhere, including immunity from service of process, immunity from jurisdiction or any court or tribunal and immunity of any of its assets from attachment prior to judgment or from execution of a judgment.

Appears in 1 contract

Samples: Credit Agreement (Huttig Building Products Inc)

Jurisdiction; Venue and Service. For purposes of this Agreement, each of the Borrowers and the Guarantors Borrower hereby irrevocably consents and submits to the nonexclusive jurisdiction and venue of all federal and state courts located in the County of ErieNew York, State of New York and consents that any order, process, notice of motion or other application to or by any of said courts or a judge thereof may be served within or without such court's jurisdiction by registered mail or by personal service, provided a reasonable time for appearance is allowed, in connection with any action or proceeding arising out of, under or relating to this Agreement or the Facility Documents. At the option of the Agent, upon the instructions of the Required 84 86 Lenders, the Borrowers or the Guarantors may be joined in any action or proceeding commenced by the Agent or the Lenders against any Security Document Party Borrower or Guarantor in connection with or based on the Security Documents, and recovery may be had against the Borrowers or the Guarantors in such action or proceeding or in any independent action or proceeding against the Borrowers, without any requirement that the Agent or the Lenders first assert, prosecute or exhaust any remedy or claim against any Security Document PartyBorrower or Guarantor. Each of the Borrowers and the Guarantors hereby irrevocably waives (to the fullest extent permitted by applicable law) any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of, under or relating to this Agreement or any Facility Document brought in any federal or state court located in the County of ErieNew York, State of New York, and hereby further irrevocably waives (to the fullest extent permitted by applicable law) any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. CTG (UK) Ltd hereby further irrevocably and unconditionally waives any immunity to which it or its assets may at any time be or become entitled, whether characterized as sovereign immunity or otherwise, from any set-off or legal action in the United States, United Kingdom or elsewhere, including immunity from service of process, immunity from jurisdiction or any court or tribunal and immunity of any of its assets from attachment prior to judgment or from execution of a judgment.

Appears in 1 contract

Samples: Credit Agreement (Huttig Building Products Inc)

Jurisdiction; Venue and Service. For purposes of this ------------------------------- Agreement, each of the Borrowers and the Guarantors Borrower hereby irrevocably consents and submits to the nonexclusive jurisdiction and venue of all federal and state courts located in the County of ErieMonroe, State of New York and consents that any order, process, notice of motion or other application to or by any of said courts or a judge thereof may be served within or without such court's jurisdiction by registered mail or by personal service, provided a reasonable time for appearance is -------- allowed, in connection with any action or proceeding arising out of, under or relating to this Agreement or the Facility Documents. At the option of the Agent, upon the instructions of the Required 84 86 Lenders, the Borrowers or the Guarantors Borrower may be joined in any action or proceeding commenced by the Agent or the Lenders against any Security Document Party in connection with or based on the Security Documents, and recovery may be had against the Borrowers or the Guarantors Borrower in such action or proceeding or in any independent action or proceeding against the BorrowersBorrower, without any requirement that the Agent or the Lenders first assert, prosecute or exhaust any remedy or claim against any Security Document Party. Each of the Borrowers and the Guarantors Borrower hereby irrevocably waives (to the fullest extent permitted by applicable law) any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of, under or relating to this Agreement or any Facility Document brought in any federal or state court located in the County of ErieMonroe, State of New York, and hereby further irrevocably waives (to the fullest extent permitted by applicable law) any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. CTG (UK) Ltd hereby further irrevocably and unconditionally waives any immunity to which it or its assets may at any time be or become entitled, whether characterized as sovereign immunity or otherwise, from any set-off or legal action in the United States, United Kingdom or elsewhere, including immunity from service of process, immunity from jurisdiction or any court or tribunal and immunity of any of its assets from attachment prior to judgment or from execution of a judgment.

Appears in 1 contract

Samples: Credit Agreement (Act Manufacturing Inc)

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