Process Agent Appointment. WITHOUT PREJUDICE TO ANY OTHER MODE OF SERVICE, EACH GUARANTOR AFFIRMS ITS IRREVOCABLE APPOINTMENT OF CORPORATION SERVICES COMPANY AS ITS AGENT FOR SERVICE OF PROCESS IN THE STATE OF NEW YORK; EACH GUARANTOR AGREES THAT FAILURE BY ITS AGENT FOR SERVICE OF PROCESS TO NOTIFY SUCH GUARANTOR OF THE SERVICE OF PROCESS WILL NOT INVALIDATE THE PROCEEDINGS CONCERNED; AND EACH GUARANTOR CONSENTS TO THE SERVICE OF PROCESS RELATING TO ANY SUCH PROCEEDINGS BY THE MAILING OF COPIES THEREOF BY REGISTERED, CERTIFIED OR FIRST CLASS MAIL, POSTAGE PREPAID, TO SUCH GUARANTOR AT ITS ADDRESS SET FORTH HEREIN.
Process Agent Appointment evidence that the Borrower’s process agent described in Clause 13.14(d) has accepted its appointment;
Process Agent Appointment. Such Guarantor has irrevocably appointed an agent for service of process in the State of New York in accordance with Section 17, and has paid all required appointment fees for a period of one (1) year from the A&R Effective Date.
Process Agent Appointment. FOR THE PURPOSE OF PROCEEDINGS IN THE COURTS OF THE STATE OF NEW YORK AND THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (IN EACH CASE LOCATED IN THE BOROUGH OF MANHATTAN IN NEW YORK CITY), THE BORROWER AND EACH GUARANTOR HEREBY IRREVOCABLY DESIGNATES AS OF THE DATE HEREOF NATIONAL REGISTERED AGENTS, INC. (THE “AGENT”) WITH OFFICES CURRENTLY LOCATED AT 800 XXXXXX XX XXX XXXXXXXX, XXXXX 000, XXX XXXX, XXX XXXX 00000, AS ITS AGENT FOR SERVICE OF PROCESS. IN THE EVENT THAT SUCH AGENT OR ANY SUCCESSOR SHALL CEASE TO BE LOCATED IN THE BOROUGH OF MANHATTAN, EACH LOAN PARTY SHALL PROMPTLY AND IRREVOCABLY BEFORE THE RELOCATION OF SUCH AGENT FOR SERVICE OF PROCESS, IF PRACTICABLE, OR PROMPTLY THEREAFTER DESIGNATE A SUCCESSOR AGENT, WHICH SUCCESSOR AGENT SHALL BE LOCATED IN THE BOROUGH OF MANHATTAN, AND NOTIFY THE LENDER THEREOF, TO ACCEPT ON ITS BEHALF SERVICE OF ANY AND ALL PROCESS OR OTHER DOCUMENTS WHICH MAY BE SERVED IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS AND FURTHER AGREES THAT SERVICE UPON SUCH AGENT SHALL CONSTITUTE VALID AND EFFECTIVE SERVICE UPON SUCH LOAN PARTY AND THAT FAILURE OF ANY SUCH AGENT TO GIVE ANY NOTICE OF SUCH SERVICE TO SUCH GUARANTOR SHALL NOT AFFECT THE VALIDITY OF SUCH SERVICE OR ANY JUDGMENT RENDERED IN ANY ACTION OR PROCEEDING BASED THEREON. EACH OF THE PARTIES HERETO AGREES THAT SERVICE OF ANY AND ALL SUCH PROCESS OR OTHER DOCUMENTS ON SUCH PERSON MAY ALSO BE EFFECTED BY REGISTERED MAIL TO ITS ADDRESS AS PROVIDED PURSUANT TO SECTION 9.4. WITH RESPECT TO EACH LOAN PARTY, SERVICE OF ANY AND ALL SUCH PROCESS OR OTHER DOCUMENTS TO THE AGENT OR SUCH OTHER AGENT FOR SERVICE OF PROCESS DESIGNATED BY SUCH LOAN PARTY IN ACCORDANCE WITH THIS AGREEMENT SHALL CONSTITUTE VALID AND EFFECTIVE SERVICE ONLY IF MADE IN PERSON TO THE AGENT OR SUCH OTHER AGENT FOR SERVICE OF PROCESS.
Process Agent Appointment. The Borrower shall have delivered to the Administrative Agent a letter from the Process Agent evidencing the acceptance of its appointment as agent of Molino Americano for service of process in New York, in form and substance reasonably satisfactory to the Administrative Agent, identifying Molino Americano by its name as of the Restatement Effective Date.
Process Agent Appointment. WITHOUT PREJUDICE TO ANY OTHER MODE OF SERVICE, THE GUARANTOR IRREVOCABLY APPOINTS CORPORATION SERVICE COMPANY AS ITS AGENT FOR SERVICE OF PROCESS IN THE STATE OF NEW YORK; THE GUARANTOR AGREES THAT FAILURE BY ITS AGENT FOR SERVICE OF PROCESS TO NOTIFY THE GUARANTOR OF THE SERVICE OF PROCESS WILL NOT INVALIDATE THE PROCEEDINGS CONCERNED; AND THE GUARANTOR CONSENTS TO THE SERVICE OF PROCESS RELATING TO ANY SUCH PROCEEDINGS BY MAILING OF COPIES THEREOF BY REGISTERED, CERTIFIED OR FIRST CLASS MAIL, POSTAGE PREPAID, TO SUCH GUARANTOR AT ITS ADDRESS SET FORTH HEREIN.
Process Agent Appointment. Following the funding of the Tranche B Loans on the Tranche B Closing Date and prior to the midnight New York City time on the Tranche B Closing Date, the Administrative Agent shall have received a process agent appointment letter duly executed by a director or Responsible Officer of each of the Tranche B Borrower and each Subsidiary organized under the laws of England and Walesthe Netherlands that is required to become a Guarantor on the Tranche B Closing Date pursuant to Section 5.9, irrevocably appointing Holdings, the Tranche A Borrower or such other Domestic Subsidiary of Parent identified to the Administrative Agent in writing from time to time as its agent for service of process in relation to any proceedings before the Supreme Court of the State of New York sitting in New York County, the United States District Court of the Southern District of New York or any appellate court from any thereof in connection with any Loan Document and countersigned by Holdings, the Tranche A Borrower or such other Domestic Subsidiary, as applicable, accepting such appointment.
Process Agent Appointment. 2.1 The Process Agent is a company incorporated in England and Wales with company number 10629250 and with a registered address at 00 Xxxxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxx, X0X 0XX.
2.2 The Process Agent confirms its acceptance of its appointment as described in paragraph 1.2 above by countersigning this letter.
2.3 The Process Agent will notify the Company in writing if it becomes aware that it is unable for any reason to act as agent for service of process or if it wishes to terminate its appointment as described in paragraph 1.2 above.
2.4 The Process Agent’s appointment as described in paragraph 1.2 above shall continue until the earlier of:
(a) the Maturity Date; and
(b) the date on which any other person is appointed as the process agent under and in accordance with clause 31.2 (Service of process) of the Note Purchase Agreement.
Process Agent Appointment. Each Loan Party not incorporated or having a place of business in New York State irrevocably appoints Xxxxxx X. Xxxxxxx, Esq, Xxxxxxx Xxxx Xxxxxxx LLP, 00 Xxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, X.X. 00000, as its agent for service of process in any proceedings before any court located in the State of New York in connection with any Loan Document. If any person appointed as process agent is unable for any reason to act as agent for service of process, the Borrowers (on behalf of all the Loan Parties) must immediately appoint another agent on terms acceptable to Agent. Failing this, Agent may appoint another agent for this purpose. Each Loan Party agrees that failure by a process agent to notify it of any process will not invalidate the relevant proceedings. This Section does not affect any other method of service allowed by law.
Process Agent Appointment. Satisfactory evidence that any process agent required to be appointed under the Finance Documents has accepted its appointment.
