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

Jurisdiction; Venue; Waiver of Jury Trial. (a) The Borrower, the Administrative Agent and each Lender hereby irrevocably and unconditionally submits to the nonexclusive jurisdiction of any Federal court, to the extent permitted by law, of the United States of America sitting in the borough of Manhattan in New York City or, if such Federal court is not available due to lack of jurisdiction, any New York State court sitting in the borough of Manhattan in New York City, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement, or for recognition or enforcement of any judgment, and hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in such Federal Court, to the extent permitted by law, or in such New York State court. The Borrower, the Administrative Agent and each Lender each 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. Subject to the foregoing and to subsection (b) below, nothing in this Agreement shall affect any right that any party thereto may otherwise have to bring any action or proceeding relating to this Agreement against any other party thereto in the courts of any jurisdiction.

Jurisdiction; Venue; Waiver of Jury Trial. (a) The Borrower, the Administrative Agent and each Lender Applicant hereby irrevocably and unconditionally submits submits, for itself and its property, to the nonexclusive jurisdiction of any Federal court, to the extent permitted by law, New York State or federal court of the United States of America sitting in the borough of Manhattan in New York City or, if such Federal court is not available due to lack of jurisdiction, any New York State court sitting in the borough of Manhattan in New York City, and any appellate court from any thereofwhether trial or appellate, in any action or proceeding arising out of of, or relating to to, this Agreement, or for recognition or enforcement of any judgmentjudgment in respect thereof, and the Applicant hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such Federal CourtNew York State court or, to the extent permitted by law, or in such New York State courtfederal court and consents that any such action or proceeding may be brought in such courts and waives to the fullest extent permitted by law any objection or claim that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same. The Borrower, the Administrative Agent and each Lender each Applicant hereby 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. Subject to the foregoing and to subsection (b) below, nothing Nothing in this Agreement shall affect any right that any party thereto may otherwise have to bring any action or proceeding relating to this Agreement against any other party thereto in the courts of any jurisdiction. EACH OF THE APPLICANT AND THE BANK HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, ANY LETTER OF CREDIT OR THE ACTIONS OF THE BANK IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT THEREOF.

Jurisdiction; Venue; Waiver of Jury Trial. (a) The Borrower, the Administrative Agent and each Lender parties hereto hereby irrevocably and unconditionally submits consent to and submit to the nonexclusive jurisdiction of the state or federal courts in the State and County of New York for any Federal actions, suits or proceedings arising out of or relating to this Agreement or the transactions contemplated hereby, and further agree that service of any process, summons, notice or document by U.S. certified mail to the respective addresses set forth in Section 7.5 hereof will be effective service of process for any such action, suit or proceeding brought against any party in any such court. The parties irrevocably and unconditionally waive any objection to the laying of venue of any action, suit or proceeding arising out of this Agreement, or the transactions contemplated hereby, in the state or federal courts in the State and County of New York, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. Each of RIT and Bulldog (on its behalf and, to the extent permitted by applicable law, on behalf of the United States of America sitting in the borough of Manhattan in New York City or, if such Federal court is not available due its Affiliates) waives all right to lack of jurisdiction, any New York State court sitting in the borough of Manhattan in New York City, and any appellate court from any thereof, trial by jury in any action action, proceeding or proceeding counterclaim (whether based upon contract, tort or otherwise) in any way arising out of or relating to this Agreement, or for recognition or enforcement of any judgment, and hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in such Federal Court, to the extent permitted by law, or in such New York State court. The Borrower, the Administrative Agent and each Lender each 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. Subject to the foregoing and to subsection (b) below, nothing in this Agreement shall affect any right that any party thereto may otherwise have to bring any action or proceeding relating to this Agreement against any other party thereto in the courts of any jurisdiction.

Jurisdiction; Venue; Waiver of Jury Trial. (a) The Borrower, the Administrative Agent and each Lender Each party hereby irrevocably and unconditionally submits submit to the nonexclusive exclusive jurisdiction of any Federal court, to the extent permitted by law, of the United States of America sitting state and federal courts located in the borough Borough of Manhattan in Manhattan, The City of New York City orYork, if such Federal court is not available due to lack of jurisdictionfor any actions, any New York State court sitting in the borough of Manhattan in New York Citysuits, and any appellate court from any thereof, in any action or proceeding proceedings arising out of or relating to this AgreementAgreement and the transactions contemplated hereby (and Xircom and the VoiceStream parties agree not to commence any action, suit or for recognition or enforcement proceeding relating thereto except in such courts), and further agree that service of any judgmentprocess, summons, notice or document by U.S. registered mail to its address set forth above shall be effective service of process of any action, suit or proceeding brought against it in any such court. Xircom and the VoiceStream Parties hereby irrevocably and unconditionally agrees that all claims in respect waive any objection to the laying of venue of any such action action, suit or proceeding may be heard and determined arising out of this Agreement or the Transactions in such Federal Court, state or federal courts as aforesaid and hereby further irrevocably and unconditionally waive and agree not to the extent permitted by law, plead or in such New York State court. The Borrower, the Administrative Agent and each Lender each agrees that a final judgment claim in any such action court that any such action, suit or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or brought in any other manner provided by lawsuch court has been brought in an inconvenient forum. Subject to the foregoing and to subsection (b) below, nothing in this Agreement shall affect any right that any party thereto may otherwise have to bring any action or proceeding relating to this Agreement against any other party thereto in the courts of any jurisdictionEACH OF THE PARTIES TO THIS AGREEMENT HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.

Jurisdiction; Venue; Waiver of Jury Trial. (a) The Borrower, the Administrative Agent Agent, each LC Bank, the Swingline Lender and each Lender hereby irrevocably and unconditionally submits to the nonexclusive jurisdiction of any Federal court, to the extent permitted by law, of the United States of America sitting in the borough of Manhattan in New York City or, if such Federal court is not available due to lack of jurisdiction, any New York State court sitting in the borough of Manhattan in New York City, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement, or for recognition or enforcement of any judgment, and hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in such Federal Court, to the extent permitted by law, or in such New York State court. The Borrower, the Administrative Agent Agent, each LC Bank, the Swingline Lender and each Lender each 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. Subject to the foregoing and to subsection (b) below, nothing in this Agreement shall affect any right that any party thereto may otherwise have to bring any action or proceeding relating to this Agreement against any other party thereto in the courts of any jurisdiction.

Jurisdiction; Venue; Waiver of Jury Trial. (a) The Borrower, the Administrative Agent Agent, each LC Bank, the Swingline Lender and each Lender hereby irrevocably and unconditionally submits to the nonexclusive exclusive jurisdiction of any Federal court, to the extent permitted by law, of the United States of America sitting in the borough of Manhattan in New York City or, if such Federal court is not available due to lack of jurisdiction, any New York State court sitting in the borough of Manhattan in New York City, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement, or for recognition or enforcement of any judgment, and hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in such Federal Court, to the extent permitted by law, or in such New York State court. The Borrower, the Administrative Agent Agent, each LC Bank, the Swingline Lender and each Lender each 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. Subject to the foregoing and to subsection (b) below, nothing in this Agreement shall affect any right that any party thereto may otherwise have to bring any action or proceeding relating to this Agreement against any other party thereto in the courts of any jurisdiction.

Jurisdiction; Venue; Waiver of Jury Trial. (a) The BorrowerEach Loan Party, the Administrative Agent Agent, each LC Bank, the Swingline Lender and each Lender hereby irrevocably and unconditionally submits to the nonexclusive jurisdiction of any Federal court, to the extent permitted by law, of the United States of America sitting in the borough of Manhattan in New York City or, if such Federal court is not available due to lack of jurisdiction, any New York State court sitting in the borough of Manhattan in New York City, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement, or for recognition or enforcement of any judgment, and hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in such Federal Court, to the extent permitted by law, or in such New York State court. The BorrowerEach Loan Party, the Administrative Agent Agent, each LC Bank, the Swingline Lender and each Lender each 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. Subject to the foregoing and to subsection (b) below, nothing in this Agreement shall affect any right that any party thereto may otherwise have to bring any action or proceeding relating to this Agreement against any other party thereto in the courts of any jurisdiction.

Jurisdiction; Venue; Waiver of Jury Trial. (a) The Borrower, Section 1.1. Each of the Administrative Agent Obligor and each Lender hereby irrevocably the Bank submits for itself and unconditionally submits its property in any legal action or proceeding relating to the nonexclusive jurisdiction this Agreement or for recognition and enforcement of any Federal courtjudgment in respect thereof, to the extent permitted by lawexclusive jurisdiction of the courts of the State of New York, the courts of the United States for the Southern District of America sitting in the borough of Manhattan in New York City or, if such Federal court is not available due to lack of jurisdiction, any New York State court sitting in the borough of Manhattan in New York CityYork, and any to the courts of its own corporate domicile, with respect to actions brought against it as a defendant, and appellate court courts from any thereof, in thereof and expressly and irrevocably waives its right to any action other jurisdiction that may apply by virtue of its present or proceeding arising out of future domicile or relating to this Agreement, or for recognition or enforcement of by any judgment, and hereby irrevocably and unconditionally agrees other reason; consents that all claims in respect of any such action or proceeding may be heard and determined brought in such Federal Courtcourts, and waives any objection that it may now or hereafter have to the extent permitted by law, venue of any such action or proceeding in any such New York State court. The Borrower, court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the Administrative Agent same; and each Lender each 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. Subject to the foregoing and to subsection (b) below, nothing Service of process in this Agreement shall affect any right that any party thereto may otherwise have to bring any legal action or proceeding relating arising out of or in connection with this Amendment may be made upon any party hereto by mailing a copy of the summons to this Agreement against any other such party thereto either at the address set forth herein or at such party’s last address appearing in the courts of any jurisdictionBank’s records.

Jurisdiction; Venue; Waiver of Jury Trial. (a) The Borrower, the Administrative Agent and each Lender Each Borrower hereby irrevocably and unconditionally submits submits, for itself and its property, to the nonexclusive jurisdiction of any New York State court or Federal court, to the extent permitted by law, court of the United States of America sitting in the borough of Manhattan in New York City or, if such Federal court is not available due to lack of jurisdiction, any New York State court sitting in the borough of Manhattan in New York City, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in such Federal CourtNew York State or, to the extent permitted by law, or in such New York State Federal court. The Borrower, Each of the Administrative Agent and each Lender each parties hereto 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. Subject to the foregoing and to subsection paragraph (b) below, nothing in this Agreement shall affect any right that any party thereto hereto may otherwise have to bring any action or proceeding relating to this Agreement against any other party thereto hereto in the courts of any jurisdiction.