Common use of Jurisdiction; Venue; Waiver of Jury Trial Clause in Contracts

Jurisdiction; Venue; Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY AGREES TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF DELAWARE, AND THE FEDERAL COURTS LOCATED WITHIN THE STATE OF DELAWARE. EACH OF THE PARTIES HERETO HEREBY WAIVES ANY OBJECTION BASED ON FORUM NON CONVENIENS, AND ANY OBJECTION TO VENUE OF ANY ACTION INSTITUTED HEREUNDER IN ANY OF THE AFOREMENTIONED COURTS AND CONSENTS TO THE GRANTING OF SUCH LEGAL OR EQUITABLE RELIEF AS IS DEEMED APPROPRIATE BY SUCH COURT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE BETWEEN THE PARTIES HERETO ARISING OUT OF, CONNECTED WITH, RELATED TO OR INCIDENTAL TO THE RELATIONSHIP BETWEEN ANY OF THEM IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. INSTEAD, ANY SUCH DISPUTE RESOLVED IN COURT WILL BE RESOLVED IN A BENCH TRIAL WITHOUT A JURY.

Jurisdiction; Venue; Waiver of Jury Trial. EACH OF THE PARTIES HERETO COMPANY HEREBY AGREES SUBMITS TO THE EXCLUSIVE NONEXCLUSIVE JURISDICTION OF THE COURTS UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF THE STATE OF DELAWARE, MISSOURI AND THE FEDERAL COURTS LOCATED WITHIN THE STATE OF DELAWARE. EACH OF THE PARTIES HERETO HEREBY WAIVES ANY OBJECTION BASED ON FORUM NON CONVENIENS, AND ANY OBJECTION TO VENUE OF ANY ACTION INSTITUTED HEREUNDER MISSOURI COURT SITTING IN ANY KANSAS CITY, MISSOURI, FOR PURPOSES OF THE AFOREMENTIONED COURTS AND CONSENTS TO THE GRANTING OF SUCH ALL LEGAL OR EQUITABLE RELIEF AS IS DEEMED APPROPRIATE BY SUCH COURT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE BETWEEN THE PARTIES HERETO PROCEEDINGS ARISING OUT OF, CONNECTED WITH, RELATED OF OR RELATING TO OR INCIDENTAL TO THE RELATIONSHIP BETWEEN ANY OF THEM IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. INSTEADTHE COMPANY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH DISPUTE RESOLVED PROCEEDING BROUGHT IN SUCH A COURT WILL BE RESOLVED AND ANY CLAIM THAT ANY SUCH PROCEEDING BROUGHT IN SUCH A BENCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. THE COMPANY, THE AGENT AND EACH BANK HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL WITHOUT A JURYBY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATIVE TO ANY LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED THEREBY.

Jurisdiction; Venue; Waiver of Jury Trial. EACH OF THE PARTIES HERETO BORROWER HEREBY AGREES SUBMITS TO THE EXCLUSIVE NONEXCLUSIVE JURISDICTION OF THE COURTS UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF THE STATE OF DELAWARE, ILLINOIS AND THE FEDERAL COURTS LOCATED WITHIN THE STATE OF DELAWARE. EACH OF THE PARTIES HERETO HEREBY WAIVES ANY OBJECTION BASED ON FORUM NON CONVENIENS, AND ANY OBJECTION TO VENUE OF ANY ACTION INSTITUTED HEREUNDER ILLINOIS COURT SITTING IN ANY CHICAGO FOR PURPOSES OF THE AFOREMENTIONED COURTS AND CONSENTS TO THE GRANTING OF SUCH ALL LEGAL OR EQUITABLE RELIEF AS IS DEEMED APPROPRIATE BY SUCH COURT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE BETWEEN THE PARTIES HERETO PROCEEDINGS ARISING OUT OF, CONNECTED WITH, RELATED OF OR RELATING TO OR INCIDENTAL TO THE RELATIONSHIP BETWEEN ANY OF THEM IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. INSTEADTHE BORROWER IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH DISPUTE RESOLVED PROCEEDING BROUGHT IN SUCH A COURT WILL BE RESOLVED AND ANY CLAIM THAT ANY SUCH PROCEEDING BROUGHT IN SUCH A BENCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. THE BORROWER, THE ADMINISTRATIVE AGENT, AND THE BANKS HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL WITHOUT A JURYBY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO ANY LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED THEREBY.

Jurisdiction; Venue; Waiver of Jury Trial. (a) Each of the parties hereto irrevocably and unconditionally submits to the exclusive jurisdiction of the Chancery Court of the State of Delaware (or, if the Chancery Court of the State of Delaware declines to accept jurisdiction, the Delaware Superior Court or, if the Delaware Superior Court declines to accept jurisdiction, any state or federal court within the County of New York in the State of New York), for the purposes of any action, claim or other proceeding arising out of or related to this Agreement, and irrevocably and unconditionally waives any objection to the laying of venue of any such action. claim or other proceeding in any such court, and further irrevocably and unconditionally waives and agrees not to plead or claim in any such court or other forum that any such action, claim or other proceeding has been brought in an inconvenient forum. Each party hereto agrees that service of any process, summons, notice or document by registered mail to such party’s respective address set forth in Section 6 shall be effective service of process for any such action, claim or other proceeding. (b) EACH OF THE PARTIES PARTY HERETO HEREBY AGREES WAIVES, TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF DELAWARE, AND THE FEDERAL COURTS LOCATED WITHIN THE STATE OF DELAWARE. EACH OF THE PARTIES HERETO HEREBY WAIVES ANY OBJECTION BASED ON FORUM NON CONVENIENS, AND ANY OBJECTION TO VENUE OF ANY ACTION INSTITUTED HEREUNDER IN ANY OF THE AFOREMENTIONED COURTS AND CONSENTS TO THE GRANTING OF SUCH LEGAL OR EQUITABLE RELIEF AS IS DEEMED APPROPRIATE BY SUCH COURT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO HAVE A TRIAL BY JURY PARTICIPATE IN RESOLVING RESPECT OF ANY DISPUTEACTION, WHETHER SOUNDING IN CONTRACT, TORT CLAIM OR OTHERWISE BETWEEN THE PARTIES HERETO OTHER PROCEEDING ARISING OUT OF, OF OR RELATING TO THIS AGREEMENT OR IN ANY WAY CONNECTED WITH, WITH OR RELATED TO OR INCIDENTAL TO THE RELATIONSHIP BETWEEN ANY DEALINGS OF THEM THE PARTIES IN CONNECTION WITH RESPECT OF THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBYRELATED THERETO. INSTEADEACH PARTY HERETO (I) CERTIFIES THAT NO REPRESENTATIVE OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF ANY SUCH DISPUTE RESOLVED ACTION, CLAIM OR OTHER PROCEEDING, SEEK TO ENFORCE THE FOREGOING WAIVER AND (II) 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 COURT WILL BE RESOLVED IN A BENCH TRIAL WITHOUT A JURYTHIS SECTION 14(B).

Jurisdiction; Venue; Waiver of Jury Trial. EACH OF THE PARTIES HERETO BORROWER HEREBY AGREES SUBMITS TO THE EXCLUSIVE NONEXCLUSIVE JURISDICTION OF THE COURTS UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF THE STATE OF DELAWARE, ILLINOIS AND THE FEDERAL COURTS LOCATED WITHIN THE STATE OF DELAWARE. EACH OF THE PARTIES HERETO HEREBY WAIVES ANY OBJECTION BASED ON FORUM NON CONVENIENS, AND ANY OBJECTION TO VENUE OF ANY ACTION INSTITUTED HEREUNDER ILLINOIS COURT SITTING IN ANY CHICAGO FOR PURPOSES OF THE AFOREMENTIONED COURTS AND CONSENTS TO THE GRANTING OF SUCH ALL LEGAL OR EQUITABLE RELIEF AS IS DEEMED APPROPRIATE BY SUCH COURT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE BETWEEN THE PARTIES HERETO PROCEEDINGS ARISING OUT OF, CONNECTED WITH, RELATED OF OR RELATING TO OR INCIDENTAL TO THE RELATIONSHIP BETWEEN ANY OF THEM IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. INSTEADEACH BORROWER IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH DISPUTE RESOLVED PROCEEDING BROUGHT IN SUCH A COURT WILL BE RESOLVED AND ANY CLAIM THAT ANY SUCH PROCEEDING BROUGHT IN SUCH A BENCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. THE BORROWERS, THE AGENT, AND THE BANKS HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL WITHOUT A JURYBY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO ANY LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED THEREBY.

Jurisdiction; Venue; Waiver of Jury Trial. EACH OF THE PARTIES HERETO COMPANY AND THE PURCHASER HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENTS AND AGREES TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS OF IN THE STATE OF DELAWARE, NEW JERSEY (THE “NEW JERSEY COURTS”) FOR ANY LITIGATION BETWEEN THEM ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE FEDERAL TRANSACTIONS CONTEMPLATED HEREBY (AND AGREES NOT TO COMMENCE ANY LITIGATION RELATING THERETO EXCEPT IN THE NEW JERSEY COURTS), WAIVES ANY OBJECTION TO THE LAYING OF VENUE OF ANY SUCH LITIGATION IN THE NEW JERSEY COURTS LOCATED WITHIN AND AGREES NOT TO PLEAD OR CLAIM IN ANY COURT THAT SUCH LITIGATION BROUGHT IN THE STATE OF DELAWARENEW JERSEY COURTS HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. EACH OF THE PARTIES HERETO COMPANY AND THE PURCHASER HEREBY WAIVES ANY OBJECTION BASED ON FORUM NON CONVENIENS, IRREVOCABLY AND ANY OBJECTION TO VENUE OF ANY ACTION INSTITUTED HEREUNDER IN ANY OF THE AFOREMENTIONED COURTS AND CONSENTS TO THE GRANTING OF SUCH LEGAL OR EQUITABLE RELIEF AS IS DEEMED APPROPRIATE BY SUCH COURT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE PARTIES HERETO UNCONDITIONALLY WAIVES ANY RIGHT TO HAVE A TRIAL BY JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE BETWEEN THE PARTIES HERETO ARISING OUT OF, CONNECTED WITH, RELATED TO OR INCIDENTAL TO THE RELATIONSHIP BETWEEN ANY OF THEM IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. INSTEAD, ANY SUCH DISPUTE RESOLVED IN COURT WILL BE RESOLVED IN A BENCH TRIAL WITHOUT A JURYLITIGATION.