Process Agents. (a) Each Credit Party hereby irrevocably appoints Corporation Service Company (the “NY Process Agent”), with an office on the date hereof at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000-0000, as its agent and true and lawful attorney-in-fact in its name, place and stead to accept on its behalf service of copies of the summons and complaint and any other process that may be served in any such suit, action or proceeding brought in any court referred to in Section 10.15, and agrees that the failure of the NY Process Agent to give any notice of any such service of process to it shall not impair or affect the validity of such service or, to the extent permitted by applicable Laws, the enforcement of any judgment based thereon. Each Credit Party shall maintain such appointment until the satisfaction in full of all Obligations (other than Remaining Obligations), except that if for any reason the NY Process Agent appointed hereby ceases to be able to act as such, then each Credit Party shall, by an instrument reasonably satisfactory to the Administrative Agent, appoint another Person in the Borough of Manhattan as such NY Process Agent subject to the approval of the Administrative Agent. Each Credit Party covenants and agrees that it shall take any and all reasonable action, including the execution and filing of any and all documents that may be necessary to continue the designation of the NY Process Agent pursuant to this section in full force and effect and to cause the NY Process Agent to act as such. (b) Lux Borrower hereby irrevocably appoints Corsair (Hong Kong) Limited (the “HK Process Agent”), with an office on the date hereof at Suite 2602-03, 26/F., Millennium City 5, 418 Xxxx Xxxx Road, Xxxx Xxxx, Kowloon, Hong Kong, as its agent and true and lawful attorney-in-fact in its name, place and stead to accept on its behalf service of copies of the summons and complaint and any other process that may be served in any such suit, action or proceeding brought in connection with any pledge of shares of Corsair (Hong Kong) Limited pursuant to any Hong Kong Collateral Document, and agrees that the failure of the HK Process Agent to give any notice of any such service of process to it shall not impair or affect the validity of such service or, to the extent permitted by applicable Laws, the enforcement of any judgment based thereon and the HK Process Agent hereby accepts such appointment. Lux Borrower shall maintain such appointment until the satisfaction in full of all Obligations (other than Remaining Obligations), except that if for any reason the HK Process Agent appointed hereby ceases to be able to act as such, then Lux Borrower shall, by an instrument reasonably satisfactory to the Administrative Agent, appoint another Person in Hong Kong as such HK Process Agent subject to the approval of the Administrative Agent. Lux Borrower covenants and agrees that it shall take any and all reasonable action, including the execution and filing of any and all documents that may be necessary to continue the designation of the HK Process Agent pursuant to this section in full force and effect and to cause the HK Process Agent to act as such.
Appears in 4 contracts
Samples: Second Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), Second Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), Second Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.)
Process Agents. (a) Each Credit Party hereby irrevocably appoints Corporation Service Company (the “NY Process Agent”), with an office on the date hereof at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000-0000, as its agent and true and lawful attorney-in-fact in its name, place and stead to accept on its behalf service of copies of the summons and complaint and any other process that may be served in any such suit, action or proceeding brought in any court referred to in Section 10.15, and agrees that the failure of the NY Process Agent to give any notice of any such service of process to it shall not impair or affect the validity of such service or, to the extent permitted by applicable Laws, the enforcement of any judgment based thereon. Each Credit Party shall maintain such appointment until the satisfaction in full of all Obligations (other than Remaining Obligations), except that if for any reason the NY Process Agent appointed hereby ceases to be able to act as such, then each Credit Party shall, by an instrument reasonably satisfactory to the Administrative Agent, appoint another Person in the Borough of Manhattan as such NY Process Agent subject to the approval of the Administrative Agent. Each Credit Party covenants and agrees that it shall take any and all reasonable action, including the execution and filing of any and all documents that may be necessary to continue the designation of the NY Process Agent pursuant to this section in full force and effect and to cause the NY Process Agent to act as such.
(b) Lux Borrower hereby irrevocably appoints Corsair (Hong Kong) Limited (the “HK Process Agent”), with an office on the date hereof at Suite 2602-03, 26/F., Millennium City 5, 418 Xxxx Xxxx Road, Xxxx Xxxx, Kowloon, Hong Kong, as its agent and true and lawful attorney-in-fact in its name, place and stead to accept on its behalf service of copies of the summons and complaint and any other process that may be served in any such suit, action or proceeding brought in connection with any pledge of shares of Corsair (Hong Kong) Limited pursuant to any Hong Kong Collateral Document, and agrees that the failure of the HK Process Agent to give any notice of any such service of process to it shall not impair or affect the validity of such service or, to the extent permitted by applicable Laws, the enforcement of any judgment based thereon thereon, and the HK Process Agent hereby accepts such appointment. Lux Borrower shall maintain such appointment until the satisfaction in full of all Obligations (other than Remaining Obligations), except that if for any reason the HK Process Agent appointed hereby ceases to be able to act as such, then Lux Borrower shall, by an instrument reasonably satisfactory to the Administrative Agent, appoint another Person in Hong Kong as such HK Process Agent subject to the approval of the Administrative Agent. Lux Borrower covenants and agrees that it shall take any and all reasonable action, including the execution and filing of any and all documents that may be necessary to continue the designation of the HK Process Agent pursuant to this section in full force and effect and to cause the HK Process Agent to act as such.
Appears in 4 contracts
Samples: First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.)
Process Agents. (a) 9.1 Each Credit Party party hereby irrevocably appoints Corporation Service Company (the “NY Process Agent”), with an office on the date hereof at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000-0000, person set out opposite its name below as its respective agent and true and lawful attorney-in-fact in its name, place and stead to accept on its behalf service of copies of the summons and complaint and any other process that may be served in Hong Kong in any such suit, legal action or proceeding brought in any court referred to in Section 10.15proceedings arising out of this Agreement, and agrees that the failure of the NY Process Agent to give any notice of any service upon whom shall be deemed completed whether or not such service of process is forwarded to such party by its agent or received by it, and each party warrants and undertakes to the other parties that the agent appointed by it shall not impair or affect hereunder is a company incorporated in Hong Kong and the validity address of such service oragent set out below is its registered office address in Hong Kong: AGENT / PARTY REGISTERED OFFICE ADDRESS ---------------- ---------------------------------------------------- For the Founder: Key Consultant Limited Address: Xxxx 000, 0xx Xxxxx, Xxxx xx Xxxxxxx Tower, 00 Xxxxxxxx Xxxx, Xxxxxxx, Xxxx Xxxx The Funds HSBC Private Equity (Asia) Ltd. Address: Xxxxx 00, 0 Xxxxx'x Xxxx Xxxxxxx, Xxxx Xxxx JAFCO JAFCO Investment (Hong Kong) Ltd. Address: 30/F Two International Finance Centre, 0 Xxxxxxx Xxxxxx, Xxxxxxx, Xxxx Xxxx
9.2 If a process agent appointed by any party pursuant to the extent permitted by applicable Laws, the enforcement of any judgment based thereon. Each Credit Party shall maintain such appointment until the satisfaction in full of all Obligations (other than Remaining Obligations), except that if for any reason the NY Process Agent appointed hereby Clause 9 ceases to be able to act as such, then each Credit Party shall, by an instrument reasonably satisfactory such or to the Administrative Agent, appoint another Person have a registered office address in the Borough of Manhattan as such NY Process Agent subject to the approval of the Administrative Agent. Each Credit Party covenants and agrees that it shall take any and all reasonable action, including the execution and filing of any and all documents that may be necessary to continue the designation of the NY Process Agent pursuant to this section in full force and effect and to cause the NY Process Agent to act as such.
(b) Lux Borrower hereby irrevocably appoints Corsair (Hong Kong) Limited (the “HK Process Agent”), with an office on the date hereof at Suite 2602-03, 26/F., Millennium City 5, 418 Xxxx Xxxx Road, Xxxx Xxxx, Kowloon, Hong Kong, as its the party which appoints such process agent and true and lawful attorney-in-fact shall appoint a new process agent, which shall be a company incorporated in its name, place and stead to accept on its behalf service of copies of the summons and complaint and any other process that may be served in any such suit, action or proceeding brought in connection with any pledge of shares of Corsair (Hong Kong) Limited pursuant to any Hong Kong Collateral Document, and agrees that the failure of the HK Process Agent to give any notice of any such service of process to it shall not impair or affect the validity of such service or, deliver to the extent permitted by applicable Lawsother parties, before the enforcement expiry of any judgment based thereon and fourteen (14) days from the HK Process Agent hereby accepts date on which such appointment. Lux Borrower shall maintain such appointment until the satisfaction in full of all Obligations (other than Remaining Obligations), except that if for any reason the HK Process Agent appointed hereby process agent ceases to be able to act as such, then Lux Borrower shall, by an instrument reasonably satisfactory such or to the Administrative Agent, appoint another Person have a registered office address in Hong Kong as such HK Process Agent subject to the approval Kong, a copy of the Administrative Agent. Lux Borrower covenants and agrees written acceptance of appointment by that it new process agent.
9.3 Nothing in this Agreement shall take affect the right to serve process in any and all reasonable action, including other manner permitted by law or the right to bring proceedings in any other jurisdiction for the purposes of the enforcement or execution and filing of any and all documents that may be necessary to continue the designation of the HK Process Agent pursuant to this section judgement or other settlement in full force and effect and to cause the HK Process Agent to act as suchany other courts.
Appears in 1 contract
Process Agents. (a) 22.1 Each Credit Party hereby irrevocably appoints Corporation Service Company (the “NY Process Agent”), with an office on the date hereof at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000-0000, Person set out opposite its name below as its respective agent and true and lawful attorney-in-fact in its name, place and stead to accept on its behalf service of copies of the summons and complaint and any other process that may be served in Hong Kong in any such suit, legal action or proceeding brought in any court referred to in Section 10.15proceedings arising out of this Agreement, and agrees that the failure of the NY Process Agent to give any notice of any service upon whom shall be deemed completed whether or not such service of process is forwarded to such Party by its agent or received by it, and each Party warrants and undertakes to the other Parties that the agent appointed by it shall not impair or affect hereunder is a company incorporated in Hong Kong and the validity address of such service or, to agent set out below is its registered office address in Hong Kong: AGENT / PARTY REGISTERED OFFICE ADDRESS ----- ------------------------- For the extent permitted by applicable LawsCompany, the enforcement of Founder and Key Consultant Limited the PRC Subsidiaries: Address: Xxxx 000, 0xx Xxxxx, Xxxx xx Xxxxxxx Tower, 00 Xxxxxxxx Xxxx, Xxxxxxx, Xxxx Xxxx The Funds HSBC Private Equity (Asia) Ltd. Address: Xxxxx 00, 0 Xxxxx'x Xxxx Xxxxxxx, Xxxx Xxxx JAFCO JAFCO Investment (Hong Kong) Ltd. Address: 30/F Two International Finance Centre, 0 Xxxxxxx Xxxxxx, Xxxxxxx, Xxxx Xxxx
22.2 If a process agent appointed by any judgment based thereon. Each Credit Party shall maintain such appointment until the satisfaction in full of all Obligations (other than Remaining Obligations), except that if for any reason the NY Process Agent appointed hereby pursuant to Clause 22.1 ceases to be able to act as such, then each Credit Party shall, by an instrument reasonably satisfactory such or to the Administrative Agent, appoint another Person have a registered office address in the Borough of Manhattan as such NY Process Agent subject to the approval of the Administrative Agent. Each Credit Party covenants and agrees that it shall take any and all reasonable action, including the execution and filing of any and all documents that may be necessary to continue the designation of the NY Process Agent pursuant to this section in full force and effect and to cause the NY Process Agent to act as such.
(b) Lux Borrower hereby irrevocably appoints Corsair (Hong Kong) Limited (the “HK Process Agent”), with an office on the date hereof at Suite 2602-03, 26/F., Millennium City 5, 418 Xxxx Xxxx Road, Xxxx Xxxx, Kowloon, Hong Kong, as its the Party which appoints such process agent and true and lawful attorney-in-fact shall appoint a new process agent, which shall be a company incorporated in its name, place and stead to accept on its behalf service of copies of the summons and complaint and any other process that may be served in any such suit, action or proceeding brought in connection with any pledge of shares of Corsair (Hong Kong) Limited pursuant to any Hong Kong Collateral Document, and agrees that the failure of the HK Process Agent to give any notice of any such service of process to it shall not impair or affect the validity of such service or, deliver to the extent permitted by applicable Lawsother Parties, before the enforcement expiry of any judgment based thereon and fourteen (14) days from the HK Process Agent hereby accepts date on which such appointment. Lux Borrower shall maintain such appointment until the satisfaction in full of all Obligations (other than Remaining Obligations), except that if for any reason the HK Process Agent appointed hereby process agent ceases to be able to act as such, then Lux Borrower shall, by an instrument reasonably satisfactory such or to the Administrative Agent, appoint another Person have a registered office address in Hong Kong as such HK Process Agent subject to the approval Kong, a copy of the Administrative Agent. Lux Borrower covenants and agrees written acceptance of appointment by that it new process agent.
22.3 Nothing in this Agreement shall take affect the right to serve process in any and all reasonable action, including other manner permitted by law or the right to bring proceedings in any other jurisdiction for the purposes of the enforcement or execution and filing of any and all documents that may be necessary to continue the designation of the HK Process Agent pursuant to this section judgement or other settlement in full force and effect and to cause the HK Process Agent to act as suchany other courts.
Appears in 1 contract