New York Jurisdiction Sample Clauses

New York Jurisdiction. The Borrower hereby irrevocably submits to the jurisdiction of the Supreme Court of the State of New York, County of Nassau in any action, suit, or proceeding brought against the Borrower and related to or in connection with this Agreement or any other instrument, agreement or document referred to herein or any transaction contemplated hereby.
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New York Jurisdiction. Borrower and Lender hereby agree that any state or federal court sitting in the County of New York, State of New York shall have nonexclusive jurisdiction to hear and determine any claims or disputes between Borrower and Lender pertaining directly or indirectly to this Agreement or to any matter arising therefrom. Borrower expressly submits and consents in advance to such jurisdiction in any action or proceeding commenced in such courts, hereby waiving personal service of the summons and complaint, or other process or papers issued therein, and agreeing that service of such summons and complaint, or other process or papers, may be made by registered or certified mail addressed to Borrower at the address of Borrower set forth in this Agreement, with simultaneous copies by the same means to those persons entitled to receive copies of notices under this Agreement. Should Borrower fail to appear or answer any summons, complaint, process or papers so served within 30 days after the mailing thereof, it shall be deemed in default and an order or judgment may be entered against it as demanded or prayed for in such summons, complaint, process or papers. The choice of forum set forth in this paragraph shall not be deemed to preclude the enforcement of any judgment obtained in such forum or the taking of any action under this Agreement to enforce the same in any appropriate jurisdiction. To the extent that Borrower or any Member thereof has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise), with respect to Borrower's or any Member's property, Borrower and each Member thereof hereby unconditionally and irrevocably waives such immunity in respect of its obligations under this Agreement, the Note and/or the Loan Documents. The foregoing consent, in advance, to the jurisdiction of the above mentioned courts is a material inducement for Lender to make the Loan. Each Member of Borrower, by executing the Note and this Agreement, unconditionally and irrevocably consents to and ratifies the terms of this paragraph.
New York Jurisdiction. The Borrower hereby irrevocably submits to the jurisdiction of the Supreme Court of the State of New York, County of Queens in any action, suit, or proceeding brought against the Borrower and related to or in connection with this Agreement or any other instrument, agreement or document referred to herein or any transaction contemplated hereby. In Witness Whereof, the parties have caused this Agreement to be duly executed and delivered as of the date first above written. Electronics Communications Corp. By: /s/ Xxxxxxx X. Xxxxxx -------------------------------- Xxxxxxx X. Xxxxxx, President By: /s/ Xxx Xxxxxx -------------------------------- Xxx Xxxxxx, Executive Vice President
New York Jurisdiction. In the event ay payments hereunder become in default, or Lessee shall fail to perform any other provision of the Agreement, then it is hereby stipulated and agreed that Lessor may file legal proceedings in a Court in the State of New York, and may serve a copy of process, summons and/or pleadings upon Lessee by U.S. Mail at Lessee’s address shown herein, and Lessee hereby consents to said jurisdiction and submits to said jurisdiction and venue for purposes of litigating any claim arising hereunder. This Agreement shall be governed by the law of the State of New York. In the event Lessor is required to file any legal action to enforce any provision of this Agreement, Lessee agrees to pay all court costs, plus attorneys fees if collected by or through an attorney at law.
New York Jurisdiction. Each of Seller and Buyer hereby irrevocably submits to the non-exclusive jurisdiction of the United States District Court for the Southern District of New York and/or any state court of the State of New York located in New York County or in Nassau County (the "Jurisdictional Courts") in any action, suit or proceeding brought against Seller or Buyer and related to, or in connection with, this Agreement or any instrument, agreement or document referred to herein, or any transaction contemplated hereby and to the extent permitted by applicable law, Seller and Buyer each hereby waives and agrees not to assert as a defense by way of answer, motion or otherwise, in any such suit, action, or proceeding, any claim that Seller or Buyer is not personally subject to the jurisdiction of the Jurisdictional Courts, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or inconvenient, or that this Agreement or any instrument, agreement or document referred to herein or the subject matter hereof or any matter relating hereto may not be enforced in or by such Jurisdictional Courts. Seller and Buyer hereby irrevocably agree that service of process may be made upon each of them by certified or registered mail to their respective addresses listed on the signature pages of this Agreement or by any method authorized by the laws of the State of New York or the Federal Rules of Civil Procedure, as the case may be. Buyer hereby irrevocably appoints Xx. Xxx Xxxxxxxx c/o Mintmire & Associates, 000 Xxxxxxx Xxxxxx, Xxxxx 000, Xxxx Xxxxx, XX 00000. Telephone# 000-000-0000, Fax # 000-000-0000 as its agent for service of process in the United States for the purposes of any action, suit or proceeding brought against Buyer and related to, or in connection with this Agreement or any instrument, agreement or document referred to herein, or any transactions contemplated hereby.
New York Jurisdiction. Each of the parties to this Agreement hereby irrevocably and unconditionally (i) consents to submit to the jurisdiction of the federal and state courts located in the County of New York for any proceeding arising in connection with this Agreement or with respect to the rights of the parties under this Agreement or in connection with the transactions contemplated hereby (and each such party agrees not to commence any such proceeding, except in such courts), (ii) agrees that process in any such proceeding may be served upon it in the same manner as notice may be given to it as provided in Section 8.4 of this Agreement with the same legal force and validity as if served upon such party personally, (iii) waives any objection to the laying of venue of any such proceeding in the federal and state courts located in the City, County and State of New York, and (iv) waives, and agrees not to plead or to make, any claim that any such proceeding is brought in an improper or otherwise inconvenient forum. The parties agree that, whether or not personal jurisdiction can be obtained against the Seller, the Company, any Subsidiary or any other affiliate of any of them in the Republic of France, no proceeding will be brought against the Seller, the Company, any Subsidiary or any affiliate of any of them in any court or before any tribunal in the Republic of France.

Related to New York Jurisdiction

  • Venue; Jurisdiction (a) Any action or proceeding brought by either party seeking to enforce any provision of, or based on any right arising out of, this Agreement must be brought against any of the parties in the courts of the State of New York. Each party (i) hereby irrevocably submits to the jurisdiction of the state courts of the State of New York and to the jurisdiction of any United States District Court in the State of New York, for the purpose of any suit, action, or other proceeding arising out of or based upon this Agreement or the subject matter hereof brought by any party or its successors or assigns, (ii) hereby waives, and agrees not to assert, by way of motion, as a defense, or otherwise, in any such suit, action, or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action, or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by such court, and (iii) hereby waives and agrees not to seek any review by any court of any other jurisdiction that may be called upon to grant an enforcement of the judgment of any such New York state or federal court.

  • Governing Law; Venue; Jurisdiction This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of New York, without reference to principles of conflicts or choice of law thereof. Each of the parties consents to the jurisdiction of the U.S. District Court in the Southern District of New York in connection with any dispute arising under this Agreement and hereby waives, to the maximum extent permitted by law, any objection, including any objection based on forum non conveniens. to the bringing of any such proceeding in such jurisdictions. Each party hereby agrees that if another party to this Agreement obtains a judgment against it in such a proceeding, the party which obtained such judgment may enforce same by summary judgment in the courts of any country having jurisdiction over the party against whom such judgment was obtained, and each party hereby waives any defenses available to it under local law and agrees to the enforcement of such a judgment. Each party to this Agreement irrevocably consents to the service of process in any such proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to such party at it address set forth herein. Nothing herein shall affect the right of any party to serve process in any other manner permitted by law. Each party waives its right to a trial by jury.

  • Jurisdiction; Venue In the event that any action is brought to enforce any provision of this Master Contract, the parties agree to exclusive jurisdiction in Xxxxxxxx County Superior Court for the State of Washington and agree that in any such action venue shall lie exclusively at Olympia, Washington.

  • Enforcement; Jurisdiction If any party institutes legal action to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be awarded reasonable attorneys’ fees at all trial and appellate levels, and the expenses and costs incurred by such prevailing party in connection therewith. Any legal action, suit or proceeding, in equity or at law, arising out of or relating to this Agreement shall be instituted exclusively in the State or Federal courts located in the State of New Jersey, and each party agrees not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that such party is not subject personally to the jurisdiction of any such court, that the action, suit or proceeding is brought in an inconvenient forum, that the venue of the action, suit or proceeding is improper or should be transferred, or that this Agreement or the subject matter hereof may not be enforced in or by any such court. Each party further irrevocably submits to the jurisdiction of any such court in any such action, suit or proceeding. Any and all service of process and any other notice in any such action, suit or proceeding shall be effective against any party if given personally or by registered or certified mail, return receipt requested or by any other means of mail that requires a signed receipt, postage prepaid, mailed to such party as herein provided. Nothing herein contained shall be deemed to affect or limit the right of any party to serve process in any other manner permitted by applicable law.

  • Choice of Law; Jurisdiction; Venue This Agreement is drafted to be effective in the State of California, and shall be construed in accordance with California law. The exclusive jurisdiction and venue of any legal action by either party under this Agreement shall be the County of Sacramento, California.

  • Immunity from Jurisdiction Neither the Company nor any of its subsidiaries nor any of its or their properties or assets has any immunity from the jurisdiction of any court or from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution or otherwise) under the laws of The Netherlands.

  • Governing Law; Exclusive Jurisdiction All questions concerning the construction, validity, enforcement and interpretation of the Transaction Documents shall be governed by and construed and enforced in accordance with the internal laws of the State of New York, without regard to the principles of conflicts of law thereof. Each party agrees that all legal Proceedings concerning the interpretations, enforcement and defense of the transactions contemplated by this Agreement and any other Transaction Documents (whether brought against a party hereto or its respective affiliates, directors, officers, shareholders, partners, members, employees or agents) shall be commenced exclusively in the state and federal courts sitting in the City of New York. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in the City of New York, Borough of Manhattan for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein (including with respect to the enforcement of any of the Transaction Documents), and hereby irrevocably waives, and agrees not to assert in any Action or Proceeding, any claim that it is not personally subject to the jurisdiction of any such court, that such Action or Proceeding is improper or is an inconvenient venue for such Proceeding. Each party hereby irrevocably waives personal service of process and consents to process being served in any such Action or Proceeding by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law. If any party shall commence an Action or Proceeding to enforce any provisions of the Transaction Documents, then, in addition to the obligations of the Company elsewhere in this Agreement, the prevailing party in such Action or Proceeding shall be reimbursed by the non-prevailing party for its reasonable attorneys’ fees and other costs and expenses incurred with the investigation, preparation and prosecution of such Action or Proceeding.

  • Exclusive Delaware Jurisdiction Each Trustee, each officer, each Shareholder and each Person beneficially owning an interest in a Share of the Trust (whether through a broker, dealer, bank, trust company or clearing corporation or an agent of any of the foregoing or otherwise), to the fullest extent permitted by law, including Section 3804(e) of the Delaware Act, (i) irrevocably agrees that any claims, suits, actions or proceedings arising out of or relating in any way to the Trust or its business and affairs, the Delaware Act, this Declaration of Trust or the Bylaws or asserting a claim governed by the internal affairs (or similar) doctrine (including, without limitation, any claims, suits, actions or proceedings to interpret, apply or enforce (A) the provisions of this Declaration of Trust or the Bylaws, or (B) the duties (including fiduciary duties), obligations or liabilities of the Trust to the Shareholders or the Trustees, or of officers or the Trustees to the Trust, to the Shareholders or each other, or (C) the rights or powers of, or restrictions on, the Trust, the officers, the Trustees or the Shareholders, or (D) any provision of the Delaware Act or other laws of the State of Delaware pertaining to trusts made applicable to the Trust pursuant to Section 3809 of the Delaware Act, or (E) any other instrument, document, agreement (including, without limitation, any investment management agreement) or certificate contemplated by any provision of the Act, the Declaration of Trust or the Bylaws relating in any way to the Trust or (F) the federal securities laws of the United States, including, without limitation, the Investment Company Act of 1940, as amended, or the securities or antifraud laws of any international, national, state, provincial, territorial, local or other governmental or regulatory authority, including, in each case, the applicable rules and regulations promulgated thereunder (regardless, in every case, of whether such claims, suits, actions or proceedings (x) sound in contract, tort, fraud or otherwise, (y) are based on common law, statutory, equitable, legal or other grounds, or (z) are derivative or direct claims)), shall be exclusively brought, unless the Trust, in its sole discretion, consents in writing to an alternative forum, in the Court of Chancery of the State of Delaware or, if such court does not have subject matter jurisdiction thereof, any other court in the State of Delaware with subject matter jurisdiction, (ii) irrevocably submits to the exclusive jurisdiction of such courts in connection with any such claim, suit, action or proceeding, (iii) irrevocably agrees not to, and waives any right to, assert in any such claim, suit, action or proceeding that (A) it is not personally subject to the jurisdiction of such courts or any other court to which proceedings in such courts may be appealed, (B) such claim, suit, action or proceeding is brought in an inconvenient forum, or (C) the venue of such claim, suit, action or proceeding is improper, (iv) consents to process being served in any such claim, suit, action or proceeding by mailing, certified mail, return receipt requested, a copy thereof to such party at the address in effect for notices hereunder, and agrees that such service shall constitute good and sufficient service of process and notice thereof; provided, nothing in clause (iv) hereof shall affect or limit any right to serve process in any other manner permitted by law, and (v) irrevocably waives any and all right to trial by jury in any such claim, suit, action or proceeding.

  • Governing Law; Jurisdiction; Venue This Agreement and all acts and transactions hereunder and all rights and obligations of Silicon and Borrower shall be governed by the laws of the State of California. As a material part of the consideration to Silicon to enter into this Agreement, Borrower (i) agrees that all actions and proceedings relating directly or indirectly to this Agreement shall, at Silicon's option, be litigated in courts located within California, and that the exclusive venue therefor shall be Santa Xxxxx County; (ii) consents to the jurisdiction and venue of any such court and consents to service of process in any such action or proceeding by personal delivery or any other method permitted by law; and (iii) waives any and all rights Borrower may have to object to the jurisdiction of any such court, or to transfer or change the venue of any such action or proceeding.

  • Applicable Law, Venue and Jurisdiction Borrower agrees that this Note shall be deemed to have been made in the State of Texas at Lender's address indicated at the beginning of this Note and shall be governed by, and construed in accordance with, the laws of the State of Texas and is performable in the City and County of Texas indicated at the beginning of this Note. In any litigation in connection with or to enforce this Note or any indorsement or guaranty of this Note or any Loan Documents, Obligors, and each of them, irrevocably consent to and confer personal jurisdiction on the courts of the State of Texas or the United States courts located within the State of Texas. Nothing contained herein shall, however, prevent Lender from bringing any action or exercising any rights within any other state or jurisdiction or from obtaining personal jurisdiction by any other means available under applicable law.

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