Service of Process Consent to Jurisdiction. Each party hereto irrevocably (i) appoints The Corporation Trust Company as its lawful agent and attorney to accept and acknowledge service of process against such party, and upon whom process may be served in any action, suit or proceeding arising out of, or in connection with, this Agreement or the transactions contemplated hereby with the same effect as if such parties were a resident of the State of Delaware and had been lawfully served with such process in such jurisdiction, and (ii) consents to the service of any process, pleading, notices or other papers by the mailing of copies thereof by registered, certified or first class mail postage prepaid or by reputable courier service, to such party at such party's address set forth herein, or by any other method provided or permitted under Delaware law, with the same effect as if such parties were a resident of the State of Delaware and had been lawfully served with such process in such jurisdiction. To the fullest extent permitted by applicable law, (x) each party hereto agrees that any claim, action or proceeding by such party seeking any relief whatsoever arising out of, or in connection with, this Agreement or the transactions contemplated hereby shall be brought only in the United States District Court in the State of Delaware and in any Delaware State court and not in any other State or Federal court in the United States of America or any court in any other country, (y) to submit to the exclusive jurisdiction of such courts located in the State of Delaware for purposes of all legal proceedings arising out of, or in connection with, this Agreement or the transactions contemplated hereby, and (z) irrevocably waives any objection which it may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
Appears in 2 contracts
Samples: Stockholder Agreement (Friede Goldman International Inc), Stockholder Agreement (Halter Marine Group Inc)
Service of Process Consent to Jurisdiction. Each party hereto A. The Pledgor represents, warrants and covenants that the Pledgor is subject to service of process in the State of Connecticut and that the Pledgor will remain subject to such service of process so long as any of the Obligations is outstanding. If for any reason the Pledgor should not be subject to such service of process, the Pledgor hereby designates and appoints, without power of revocation, the Connecticut Secretary of State as the Pledgor’s agent upon whom may be served all process, pleadings, notices or other papers which may be served upon the Pledgor as a result of the Pledgor’s obligations under this Agreement.
B. The Pledgor irrevocably (i) appoints The Corporation Trust Company as its lawful agent and attorney to accept and acknowledge service of process against such partyagrees that any suit, and upon whom process may be served in any action, suit action or other legal proceeding arising out of, or in connection with, of this Agreement or may be brought in the transactions contemplated hereby with the same effect as if such parties were a resident courts of record of the State of Delaware and had been lawfully served with such process Connecticut or the courts of the United States located in such jurisdiction, and state; (ii) consents to the service jurisdiction of each such court in any process, pleading, notices or other papers by the mailing of copies thereof by registered, certified or first class mail postage prepaid or by reputable courier service, to such party at such party's address set forth herein, or by any other method provided or permitted under Delaware law, with the same effect as if such parties were a resident of the State of Delaware and had been lawfully served with such process in such jurisdiction. To the fullest extent permitted by applicable law, (x) each party hereto agrees that any claimsuit, action or proceeding by such party seeking any relief whatsoever arising out of, or in connection with, this Agreement or the transactions contemplated hereby shall be brought only in the United States District Court in the State of Delaware and in any Delaware State court and not in any other State or Federal court in the United States of America or any court in any other country, (y) to submit to the exclusive jurisdiction of such courts located in the State of Delaware for purposes of all legal proceedings arising out of, or in connection with, this Agreement or the transactions contemplated hereby, proceeding; and (ziii) irrevocably waives any objection which it the Pledgor may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any of such courts. For such time as any of the liabilities is outstanding, the Pledgor’s agent designated in Section 19(a) hereof shall accept and acknowledge on the Pledgor’s behalf services of any and all process in any such suit, action or proceeding brought in any such a court court. The Pledgor agrees and any claim consents that any such proceeding brought services of process upon such agent and written notice of such service to the Pledgor by registered mail shall be taken and held to be valid personal service upon the Pledgor and that any such service of process shall be of the same force and validity as if services were made upon the Pledgor according to the laws governing the validity and requirements of such service in such a court has been brought in an inconvenient forumstate, and waives all claim of error by reason of any such service.
Appears in 2 contracts
Samples: Amendment Agreement, Amendment Agreement (Qep Co Inc)
Service of Process Consent to Jurisdiction. Each party hereto (a) The Borrower represents, warrants and covenants that the Borrower is subject to service of process in the State of Connecticut and that the Borrower will remain subject to such service of process so long as any of the Obligations is outstanding. If for any reason the Borrower should not be subject to such service of process, the Borrower hereby designates and appoints, without power of revocation, the Connecticut Secretary of State as the Borrower's agent upon whom may be served all process, pleadings, notices or other papers which may be served upon the Borrower as a result of any of the Borrower's obligations under this Agreement.
(b) The Borrower irrevocably (i) appoints The Corporation Trust Company as its lawful agent and attorney to accept and acknowledge service of process against such partyagrees that any suit, and upon whom process may be served in any action, suit action or other legal proceeding arising out of, or in connection with, of this Agreement or may be brought in the transactions contemplated hereby with the same effect as if such parties were a resident courts of record of the State of Delaware and had been lawfully served with such process Connecticut or the courts of the United States located in such jurisdiction, and state; (ii) consents to the service jurisdiction of each such court in any process, pleading, notices or other papers by the mailing of copies thereof by registered, certified or first class mail postage prepaid or by reputable courier service, to such party at such party's address set forth herein, or by any other method provided or permitted under Delaware law, with the same effect as if such parties were a resident of the State of Delaware and had been lawfully served with such process in such jurisdiction. To the fullest extent permitted by applicable law, (x) each party hereto agrees that any claimsuit, action or proceeding by such party seeking any relief whatsoever arising out of, or in connection with, this Agreement or the transactions contemplated hereby shall be brought only in the United States District Court in the State of Delaware and in any Delaware State court and not in any other State or Federal court in the United States of America or any court in any other country, (y) to submit to the exclusive jurisdiction of such courts located in the State of Delaware for purposes of all legal proceedings arising out of, or in connection with, this Agreement or the transactions contemplated hereby, proceeding; and (ziii) irrevocably waives any objection which it the Borrower may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any of such courts. For such time as any of the liabilities is outstanding, the Borrower's agent designated in Section 19(a) hereof shall accept and acknowledge on the Borrower's behalf services of any and all process in any such suit, action or proceeding brought in any such a court court. The Borrower agrees and any claim consents that any such proceeding brought services of process upon such agent and written notice of such service to the Borrower by registered mail shall be taken and held to be valid personal service upon the Borrower and that any such service of process shall be of the same force and validity as if services were made upon the Borrower according to the laws 9 <PAGE> governing the validity and requirements of such service in such a court has been brought in an inconvenient forumstate, and waives all claim of error by reason of any such service. 20.
Appears in 1 contract
Samples: Fourth Agreement of Amendment
Service of Process Consent to Jurisdiction. Each party hereto (a) The Borrower represents, warrants and covenants that the Borrower is subject to service of process in the State of Connecticut and that the Borrower will remain subject to such service of process so long as any of the Obligations is outstanding. If for any reason the Borrower should not be subject to such service of process, the Borrower hereby designates and appoints, without power of revocation, the Connecticut Secretary of State as the Borrower's agent upon whom may be served all process, pleadings, notices or other papers which may be served upon the Borrower as a result of any of the Borrower's obligations under this Agreement.
(b) The Borrower irrevocably (i) appoints The Corporation Trust Company as its lawful agent and attorney to accept and acknowledge service of process against such partyagrees that any suit, and upon whom process may be served in any action, suit action or other legal proceeding arising out of, or in connection with, of this Agreement or may be brought in the transactions contemplated hereby with the same effect as if such parties were a resident courts of record of the State of Delaware and had been lawfully served with such process Connecticut or the courts of the United States located in such jurisdiction, and state; (ii) consents to the service jurisdiction of each such court in any process, pleading, notices or other papers by the mailing of copies thereof by registered, certified or first class mail postage prepaid or by reputable courier service, to such party at such party's address set forth herein, or by any other method provided or permitted under Delaware law, with the same effect as if such parties were a resident of the State of Delaware and had been lawfully served with such process in such jurisdiction. To the fullest extent permitted by applicable law, (x) each party hereto agrees that any claimsuit, action or proceeding by such party seeking any relief whatsoever arising out of, or in connection with, this Agreement or the transactions contemplated hereby shall be brought only in the United States District Court in the State of Delaware and in any Delaware State court and not in any other State or Federal court in the United States of America or any court in any other country, (y) to submit to the exclusive jurisdiction of such courts located in the State of Delaware for purposes of all legal proceedings arising out of, or in connection with, this Agreement or the transactions contemplated hereby, proceeding; and (ziii) irrevocably waives any objection which it the Borrower may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any of such courts. For such time as any of the liabilities is outstanding, the Borrower's agent designated in Section 19(a) hereof shall accept and acknowledge on the Borrower's behalf services of any and all process in any such suit, action or proceeding brought in any such a court court. The Borrower agrees and any claim consents that any such proceeding brought services of process upon such agent and written notice of such service to the Borrower by registered mail shall be taken and held to be valid personal service upon the Borrower and that any such service of process shall be of the same force and validity as if services were made upon the Borrower according to the laws governing the validity and requirements of such service in such a court has been brought in an inconvenient forumstate, and waives all claim of error by reason of any such service.
Appears in 1 contract
Service of Process Consent to Jurisdiction. Each party hereto (a) The Borrower represents, warrants and covenants that the Borrower is subject to service of process in the State of Connecticut and that the Borrower will remain subject to such service of process so long as any of the Obligations is outstanding. If for any reason the Borrower should not be subject to such service of process, the Borrower hereby designates and appoints, without power of revocation, the Connecticut Secretary of State as the Borrower's agent upon whom may be served all process, pleadings, notices or other papers which may be served upon the Borrower as a result of any of the Borrower's obligations under this Agreement.
(b) The Borrower irrevocably (i) appoints The Corporation Trust Company as its lawful agent and attorney to accept and acknowledge service of process against such partyagrees that any suit, and upon whom process may be served in any action, suit action or other legal proceeding arising out of, or in connection with, of this Agreement or may be brought in the transactions contemplated hereby with the same effect as if such parties were a resident courts of record of the State of Delaware and had been lawfully served with such process Connecticut or the courts of the United States located in such jurisdiction, and state; (ii) consents to the service jurisdiction of each such court in any process, pleading, notices or other papers by the mailing of copies thereof by registered, certified or first class mail postage prepaid or by reputable courier service, to such party at such party's address set forth herein, or by any other method provided or permitted under Delaware law, with the same effect as if such parties were a resident of the State of Delaware and had been lawfully served with such process in such jurisdiction. To the fullest extent permitted by applicable law, (x) each party hereto agrees that any claimsuit, action or proceeding by such party seeking any relief whatsoever arising out of, or in connection with, this Agreement or the transactions contemplated hereby shall be brought only in the United States District Court in the State of Delaware and in any Delaware State court and not in any other State or Federal court in the United States of America or any court in any other country, (y) to submit to the exclusive jurisdiction of such courts located in the State of Delaware for purposes of all legal proceedings arising out of, or in connection with, this Agreement or the transactions contemplated hereby, proceeding; and (ziii) irrevocably waives any objection which it the Borrower may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any of such courts. For such time as any of the liabilities is outstanding, the Borrower's agent designated in Section 19
(a) hereof shall accept and acknowledge on the Borrower's behalf services of any and all process in any such suit, action or proceeding brought in any such a court court. The Borrower agrees and any claim consents that any such proceeding brought services of process upon such agent and written notice of such service to the Borrower by registered mail shall be taken and held to be valid personal service upon the Borrower and that any such service of process shall be of the same force and validity as if services were made upon the Borrower according to the laws governing the validity and requirements of such service in such a court has been brought in an inconvenient forumstate, and waives all claim of error by reason of any such service.
Appears in 1 contract