Submission to Jurisdiction and Service of Process. (a) Each of the Parties irrevocably and unconditionally submits to the jurisdiction of any state or federal court, and only federal court if diversity of Parties exists, sitting in New York County, New York in any claim, counterclaim, demand, cause of action, controversy or dispute arising out of or relating to this Agreement or any Ancillary Agreement and agrees that all claims in respect of such Action may be heard and determined in any such court. Each Party also agrees not to bring any Action arising out of or relating to this Agreement or any Ancillary Agreement in any other court. Each of the Parties irrevocably and unconditionally waives any objection to personal jurisdiction, venue and any defense of inconvenient forum to the maintenance of any Action so brought and waives any bond, surety or other security that might be required of any other Party with respect thereto. Any Party may make service on any other Party by sending or delivering a copy of the process to the Party to be served at the address and in the manner provided for the giving of notices in Section 11.5, provided that nothing in this Section 11.7 will affect the right of any Party to serve legal process in any other manner permitted by Law.
(b) Notwithstanding anything to the contrary in this Agreement, the Parties acknowledge and agree that in the course of any Action, if Insurer elects to, based on the opinion of counsel, produce or otherwise disclose [ * * * ], to Company, Independent Fiduciary or their respective Affiliates or Representatives (for the avoidance of doubt, nothing in this Agreement will obligate Insurer or any of its Affiliates or Representatives to make such disclosure), Company and Independent Fiduciary will consent to the filing of, and the Parties will use all reasonable efforts to move for and urge the court to adopt, a protective order implementing terms reasonably satisfactory to Insurer to limit the disclosure of [ * * * ] and ensure the strictly confidential treatment thereof, including requiring [ * * * ] or copies thereof following the conclusion of any such Action. However, neither Company nor Independent Fiduciary will be required to take any steps that would compromise its ability to prosecute or defend the Action or otherwise prejudice its position (including any restrictions on the ability of its experts to review, access and analyze any materials that Company (or Independent Fiduciary, as applicable) determines are relevant to such prosecution or ...
Submission to Jurisdiction and Service of Process. (a) Each of the parties hereby irrevocably consents and agrees that any action, suit or proceeding with respect to or relating in any way to the enforcement of the arbitration provisions contained in this Agreement, the enforcement of an arbitration decision or award, or any matter permitted by the terms of Section 12.14 hereof to be brought in a court in the first instance, may be brought in the United States District Court for the District of Delaware (or if jurisdiction is not available in such court, then in the state court of Delaware sitting in Wilmington) and each of the parties hereby irrevocably accepts and submits, for itself and in respect of its properties, to the non-exclusive jurisdiction of such court in personam, generally and unconditionally, with respect to any such action, suit or proceeding.
(b) Each of the parties hereby irrevocably consents to the service of process in any such action, suit or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to another party at the address specified in this Agreement for notices to such other party. In addition to or in lieu of any such service, service of process may also be made in any other manner permitted by applicable law.
(c) Each of the Members hereby irrevocably and unconditionally waives any objection or defense which it may now or hereafter have to the laying of venue to any such action, suit or proceeding in the United States District Court for the District of Delaware (or if jurisdiction is not available in such court, then in the state court of Delaware sitting in Wilmington) and hereby irrevocably and unconditionally waives and agrees not to plead or claim that any such action, suit or proceeding brought in such court has been brought in an inconvenient forum.
Submission to Jurisdiction and Service of Process. The Grantor hereby irrevocably and unconditionally agrees that the terms of Section 9.13 of the Credit Agreement with respect to submission to jurisdiction and service of process shall apply equally to this Agreement.
Submission to Jurisdiction and Service of Process. The Borrower irrevocably agrees that any legal action or proceeding brought against Borrower rising out of or relating to any Loan Document may be instituted at the election of Lender: (i) in any courts of the Xxxxxxxx Islands (ii) where the Vessel or any Collateral is located or registered, or (iii) in any state or federal court of competent jurisdiction located in the State of Tennessee, the United States of America, and by execution and delivery of this Agreement and the other Loan Documents, Borrower accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts, and irrevocably agrees to be bound by any judgment rendered thereby in any such action or proceeding. Any judicial proceeding by Borrower against Lender involving, directly or indirectly, any matter in any way arising out of, related to, or connected with any Loan Document shall be brought only in a state or federal court located in the State of Tennessee, the United States of America. The Borrower irrevocably consents to service upon it by the mailing of copies thereof by U.S. air mail or courier to the Borrower at its address set forth in this Agreement. Nothing in this Section 8.6 shall affect the right of the Lender to serve process in any other manner permitted by law or limit the right of the Lender to take proceedings with respect to the Loan Documents against the Borrower and/or Guarantors in any jurisdiction nor shall the taking of proceedings with respect to any of the Loan Documents in any jurisdiction preclude the Lender from taking proceedings with respect to the Loan Documents in any other jurisdiction whether concurrently or not. The Borrower agrees that final judgment against it in any legal action or proceeding arising out of or relating to the Loan Documents shall be conclusive and may be enforced in any other jurisdiction within or outside the United States of America by suit on the judgment, a certified or exemplified copy of which judgment shall be conclusive evidence thereof and of the amount of its indebtedness, or by such other means provided by law.
Submission to Jurisdiction and Service of Process. The Borrower irrevocably agrees that any legal action or proceeding arising out of or relating to this Agreement may be instituted in the Kingdom of Thailand in the court or courts having jurisdiction under the Thai Civil Procedure Code or the relevant legislation. The Borrower submits to the non-exclusive jurisdiction of those courts in any such action or proceeding. The Borrower irrevocably appoints XYZ and Associates of 00 Xxx-Xxxxxxxx Xxxx, as its agent to receive on its behalf service of process in any such action or proceeding. The Borrower also irrevocably consents to such service upon it by the mailing of copies thereof by ordinary non-registered mail or courier to the Borrower at its address set forth on the signature page of this Agreement. The foregoing provisions shall not limit the right of the Lender to bring any such action or proceeding or to obtain execution on any judgment rendered in any such action or proceeding in any other appropriate jurisdiction or in any other manner. The Borrower agrees that final judgment against it in any legal action or proceeding arising out of or relating to this Agreement shall be conclusive and may be enforced in any jurisdiction within or outside the Kingdom of Thailand by suit on the judgment, a certified copy of which judgment shall be conclusive evidence thereof and of the amount of its indebtedness, or by such other means provided by law.
Submission to Jurisdiction and Service of Process. Borrower and Guarantor irrevocably agrees that any legal action or proceeding arising out of or relating to this Agreement or any Transaction Document may be instituted in any Federal or State court sitting in the State of New York, U.S.A. and Borrower and Guarantor, in respect of each, their respective Properties, and revenues, irrevocably submits to the jurisdiction of these courts. Borrower and Guarantor waive personal service of process and irrevocably consent that service of process upon it may be made by the mailing of copies thereof by certified or registered mail, return receipt requested, at its address set forth in this Agreement and service so made shall be deemed completed on the tenth (10th) business day after such service is deposited in the mail. Nothing herein shall affect the right to serve process in any other manner permitted by law. Borrower and Guarantor agree that final judgment against either in any legal action or proceeding arising out of or relating to this Agreement, or any other Transaction Document shall be conclusive and may be enforced in any other jurisdiction within the United States by suit on the judgment, a certified or exemplified copy of which judgment shall be conclusive evidence thereof and of the amount of its indebtedness, or by such other means provided by law.
Submission to Jurisdiction and Service of Process. The Grantor agrees that the terms of Section 10.12 of the Credit Agreement with respect to submission to jurisdiction and service of process shall apply equally to this Agreement.
Submission to Jurisdiction and Service of Process. ALL JUDICIAL PROCEEDINGS BROUGHT AGAINST COMPANY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER NOTE DOCUMENT, OR ANY OBLIGATIONS HEREUNDER AND THEREUNDER, MAY BE BROUGHT IN ANY STATE OR FEDERAL COURT OF COMPETENT JURISDICTION IN THE STATE, COUNTY AND CITY OF NEW YORK. BY EXECUTING AND DELIVERING THIS AGREEMENT, COMPANY, FOR ITSELF AND IN CONNECTION WITH ITS PROPERTIES, IRREVOCABLY.
Submission to Jurisdiction and Service of Process. (a) Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.
(b) The Vendors and the Vendor Guarantor each irrevocably appoint Minter Ellison whose address in New South Wales is at Aurora Xxace, 88 Phillip Street, Sydney NSW 2000, Australia, rexxxxxxx: X Xxxxxxxxx as its agent to accept service of process in any legal proceeding commenced in the courts of New South Wales relating to any matter arising out of this agreement (PROCESS AGENT).
(c) Each of the Vendors and the Vendor Guarantor:
(i) may from time to time appoint a replacement of the Process Agent or any replacement Process Agent by giving notice to the Purchaser;
(ii) acknowledges that service will be taken to be completed and effective service of process for any legal proceeding brought against it in a New South Wales court relating to any matter arising out of this agreement NTL AUSTRALIA SHARE SALE AGREEMENT on delivery to the Process Agent or any replacement Process Agent (whether or not it is forwarded to the relevant Vendor or Vendor Guarantor, as appropriate); and
(iii) if for any reason the Process Agent or any replacement Process Agent ceases to be able to act, or ceases to have an address in New South Wales, agrees to appoint a substitute Process Agent able to act and with an address in New South Wales and to notify the Purchaser of that new Process Agent's acceptance of that appointment and its identity and address.
(d) Each of the Vendors and the Vendor Guarantor acknowledges that the appointment of the Process Agent or any replacement Process Agent cannot be revoked without the simultaneous appointment of a replacement Process Agent.
Submission to Jurisdiction and Service of Process. (a) Each of the parties irrevocably agrees that the United States District Court for the Southern District of New York, and to the extent such court does not have jurisdiction, the competent court of the State of New York in Manhattan, are to have non-exclusive in personam jurisdiction to settle any disputes which may arise out of or in connection with any Transaction Document and that accordingly any actions, suits, litigation or proceedings (any of the foregoing, a "Proceeding") arising out of or in connection with any Transaction Document may be brought in such courts and each of the parties hereto irrevocably submits to the jurisdiction of such courts.
(b) Each of the parties irrevocably waives any objection which it may have now or hereafter to the laying of the venue of any Proceedings in any such court as is referred to in this Section 18.05 and any claim that any such Proceedings have been brought in an inconvenient forum and further irrevocably agrees that, to the extent permitted by applicable law, a judgment in any Proceedings brought in such courts shall be conclusive and binding upon it and enforcement thereof may be sought in the courts of any other jurisdiction.
(c) Each party hereto hereby agrees that service of process by prepaid recorded delivery or registered mail, or any other form equivalent thereto (or, in the alternative, by any other means sufficient under applicable law) at the addresses set forth in Article XVI shall be valid and sufficient for all purposes and each party hereto hereby waives to the fullest extent it may effectively do so any challenges to the validity of service of process if service is given in accordance herewith.
