Common use of Owner Participant and Indenture Trustee Clause in Contracts

Owner Participant and Indenture Trustee. Each of Lessee and Lessor hereby agrees that its submission to jurisdiction and its designation of service of process by mail set forth above is made for the express benefit of Lessor, Lessee, Owner Participant, Indenture Trustee, each Note Holder and their successors and assigns (as applicable). Final (after all appeals) judgment (the enforcement of which has not been stayed) against either Lessee or Lessor obtained in any suit originally brought in the court of the State of New York in New York County or in the United States District of New York shall be conclusive, and, to the extent permitted by applicable Law, may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and of the amount of any indebtedness or liability of Lessee therein described; provided that the plaintiff at its option may bring suit, or institute other judicial proceedings, against Lessee or Lessor, as the case may be, or any of their assets in the courts of any country or place where such Person or such assets may be found. EACH OF LESSEE AND LESSOR HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THE OPERATIVE DOCUMENTS OR ANY DEALINGS BETWEEN THEM RELATING TO THE SUBJECT MATTER OF THE TRANSACTIONS CONTEMPLATED THEREBY OR THE LESSOR/LESSEE RELATIONSHIP BEING ESTABLISHED, including, without limitation, contract claims, tort claims, breach of duty claims and other common law and statutory claims. Lessor and Lessee represent and warrant that each has reviewed this waiver with its legal counsel, and that each knowingly and voluntarily waives its jury trial rights following consultation with such legal counsel. THIS WAIVER IS IRREVOCABLE, AND THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THE OPERATIVE DOCUMENTS. In the event of litigation, this -102- 103 Agreement may be filed as a written consent to a trial by the court.

Owner Participant and Indenture Trustee. Each of Lessee and Lessor hereby agrees that its submission to jurisdiction and its designation of service of process by mail set forth above is made for the express benefit of Lessor, Lessee, Owner Participant, Indenture Trustee, each Note Holder and their successors and assigns (as applicable). Final (after all appeals) judgment (the enforcement of which has not been 114 stayed) against either Lessee or Lessor obtained in any suit originally brought in the court of the State of New York in New York County or in the United States District of New York shall be conclusive, and, to the extent permitted by applicable Law, may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and of the amount of any indebtedness or liability of Lessee therein described; provided that the plaintiff at its option may bring suit, or institute other judicial proceedings, against Lessee or Lessor, as the case may be, or any of their assets in the courts of any country or place where such Person or such assets may be found. EACH OF LESSEE AND LESSOR HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THE OPERATIVE DOCUMENTS OR ANY DEALINGS BETWEEN THEM RELATING TO THE SUBJECT MATTER OF THE TRANSACTIONS CONTEMPLATED THEREBY OR THE LESSOR/LESSEE RELATIONSHIP BEING ESTABLISHED, including, without limitation, contract claims, tort claims, breach of duty claims and other common law and statutory claims. Lessor and Lessee represent and warrant that each has reviewed this waiver with its legal counsel, and that each knowingly and voluntarily waives its jury trial rights following consultation with such legal counsel. THIS WAIVER IS IRREVOCABLE, AND THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THE OPERATIVE DOCUMENTS. In the event of litigation, this -102- 103 Agreement may be filed as a written consent to a trial by the court.

Owner Participant and Indenture Trustee. Each of Lessee and Lessor hereby agrees that its submission to jurisdiction and its designation of service of process by mail set forth above is made for the express benefit of Lessor, Lessee, Owner Participant, Indenture Trustee, each Note Holder and their successors and assigns (as applicable). Final (after all appeals) judgment (the enforcement of which has not been stayed) against either Lessee or Lessor obtained in any suit originally brought in the court of the State of New York in New York County or in the United States District of New York shall be conclusive, and, to the extent permitted by applicable Law, may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and of the amount of any indebtedness or liability of Lessee therein described; provided that the plaintiff at its option may bring suit, or institute other judicial proceedings, against Lessee or Lessor, as the case may be, or any of their assets in the courts of any country or place where such Person or such assets may be found. EACH OF LESSEE AND LESSOR HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THE OPERATIVE DOCUMENTS OR ANY DEALINGS BETWEEN THEM RELATING TO THE SUBJECT MATTER OF THE TRANSACTIONS CONTEMPLATED THEREBY OR THE LESSOR/LESSEE RELATIONSHIP BEING ESTABLISHED, including, without limitation, contract claims, tort claims, breach of duty claims and other common law and statutory claims. Lessor and Lessee represent and warrant that each has reviewed this waiver with its legal counsel, and that each knowingly and voluntarily waives its jury trial rights following consultation with such legal counsel. THIS WAIVER IS IRREVOCABLE, AND THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THE OPERATIVE DOCUMENTS. In the event of litigation, this -102- 103 Agreement may be filed as a written consent to a trial by the court.and

Owner Participant and Indenture Trustee. Each of Lessee and Lessor hereby agrees that its submission to jurisdiction and its designation of service of process by mail set forth above is made for the express benefit of Lessor, Lessee, Owner Participant, Indenture Trustee, each Note Holder and -109- 115 their successors and assigns (as applicable). Final (after all appeals) judgment (the enforcement of which has not been stayed) against either Lessee or Lessor obtained in any suit originally brought in the court of the State of New York in New York County or in the United States District of New York shall be conclusive, and, to the extent permitted by applicable Law, may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and of the amount of any indebtedness or liability of Lessee therein described; provided that the plaintiff at its option may bring suit, or institute other judicial proceedings, against Lessee or Lessor, as the case may be, or any of their assets in the courts of any country or place where such Person or such assets may be found. EACH OF LESSEE AND LESSOR HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THE OPERATIVE DOCUMENTS OR ANY DEALINGS BETWEEN THEM RELATING TO THE SUBJECT MATTER OF THE TRANSACTIONS CONTEMPLATED THEREBY OR THE LESSOR/LESSEE RELATIONSHIP BEING ESTABLISHED, including, without limitation, contract claims, tort claims, breach of duty claims and other common law and statutory claims. Lessor and Lessee represent and warrant that each has reviewed this waiver with its legal counsel, and that each knowingly and voluntarily waives its jury trial rights following consultation with such legal counsel. THIS WAIVER IS IRREVOCABLE, AND THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THE OPERATIVE DOCUMENTS. In the event of litigation, this -102- 103 Agreement may be filed as a written consent to a trial by the court.

Owner Participant and Indenture Trustee. Each of Lessee and Lessor hereby agrees that its submission to jurisdiction and its designation of service of process by mail set forth above is made for the express benefit of Lessor, Lessee, Owner Participant, Indenture Trustee, each Note Holder and their successors and assigns (as applicable). Final (after all appeals) judgment (the enforcement of which has not been stayed) against either Lessee or Lessor obtained in any suit originally brought in the court of the State of New York in New York County or in the United States District of New York shall be conclusive, and, to the extent permitted by applicable Law, may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and of the amount of any indebtedness or liability of Lessee therein described; provided that the plaintiff at its option may bring suit, or institute other judicial proceedings, against Lessee or Lessor, as the case may be, or any of their assets in the courts of any country or place where such Person or such assets may be found. EACH OF LESSEE AND LESSOR HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THE OPERATIVE DOCUMENTS OR ANY DEALINGS BETWEEN THEM RELATING TO THE SUBJECT MATTER OF THE TRANSACTIONS CONTEMPLATED THEREBY OR THE LESSOR/LESSEE RELATIONSHIP BEING ESTABLISHED, including, without limitation, contract claims, tort claims, breach of duty claims and other common law and statutory claims. Lessor and Lessee represent and warrant that each has reviewed this waiver with its legal counsel, and that each knowingly and voluntarily waives its jury trial rights following consultation with such legal counsel. THIS WAIVER IS IRREVOCABLE, AND THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THE OPERATIVE DOCUMENTS. In the event of litigation, this -102- 103 Agreement may be filed as a written consent to a trial by the court.