Common use of Submission to Jurisdiction; Judgment Currency; Waiver of Immunities; Waiver of Jury Trial Clause in Contracts

Submission to Jurisdiction; Judgment Currency; Waiver of Immunities; Waiver of Jury Trial. (a) (i) The Borrower hereby irrevocably and unconditionally: (A) submits for itself and its property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof (collectively, the “Specified Courts”); (B) consents that any such action or proceeding brought by it must be brought in such courts and waives any objection that it may now or hereafter have to the venue of any action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; and (C) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section 8.11 any special, exemplary, punitive or consequential damages. (ii) The Borrower hereby irrevocably and unconditionally appoints National Corporate Research, Ltd. with an office on the date hereof at 10 E. 40th Street, 10th Floor, New York, NY 10016, United States of America and its successors hereunder (the “Process Agent”), as its agent to receive on behalf of the Borrower and its property service of copies of the summons and complaint and any other process which may be served in any such suit, action or proceeding brought in any Specified Court. Such service may be made by mailing or delivering a copy of such process to the Borrower, as the case may be, in care of the Process Agent at the address specified above for the Process Agent, and the Borrower hereby irrevocably authorizes and directs the Process Agent to accept such service on its behalf. The Borrower further consents to service of process which may be served in any action or suit brought in any Specified Court by mailing copies thereof by registered or certified mail, postage prepaid, to the Borrower at its address for notices hereunder, such service to become effective thirty (30) days after mailing. Failure of the Process Agent to give notice to the Borrower or failure of the Borrower to receive notice of such service of process shall not affect in any way the validity of such service on the Process Agent or the Borrower. The 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 Process Agent above in full force and effect, and to cause the Process Agent to act as such. In the event that at any time such Process Agent shall for any reason cease to maintain an office in the Borough of Manhattan in New York City, or cease to act as Process Agent, then, as an alternate method of service, the Borrower irrevocably consents

Submission to Jurisdiction; Judgment Currency; Waiver of Immunities; Waiver of Jury Trial. (a) (i) The Borrower hereby irrevocably and unconditionally: (A) submits for itself and its property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof (collectively, the “Specified Courts”); (B) consents that any such action or proceeding brought by it must be brought in such courts and waives any objection that it may now or hereafter have to the venue of any action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; and (C) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section 8.11 any special, exemplary, punitive or consequential damages. (ii) The Borrower hereby irrevocably and unconditionally appoints National Corporate Research, Ltd. with an office on the date hereof at 10 E. 40th Street, 10th Floor, New York, NY 10016, United States of America and its successors hereunder (the “Process Agent”), as its agent to receive on behalf of the Borrower and its property service of copies of the summons and complaint and any other process which may be served in any such suit, action or proceeding brought in any Specified Court. Such service may be made by mailing or delivering a copy of such process to the Borrower, as the case may be, in care of the Process Agent at the address specified above for the Process Agent, and the Borrower hereby irrevocably authorizes and directs the Process Agent to accept such service on its behalf. The Borrower further consents to service of process which may be served in any action or suit brought in any Specified Court by mailing copies thereof by registered or certified mail, postage prepaid, to the Borrower at its address for notices hereunder, such service to become effective thirty (30) days after mailing. Failure of the Process Agent to give notice to the Borrower or failure of the Borrower to receive notice of such service of process shall not affect in any way the validity of such service on the Process Agent or the Borrower. The 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 Process Agent above in full force and effect, and to cause the Process Agent to act as such. In the event that at any time such Process Agent shall for any reason cease to maintain an office in the Borough of Manhattan in New York City, or cease to act as Process Agent, then, as an alternate method of service, the Borrower irrevocably consentsconsents to the service of any and all process in any such suit, action or proceeding in any Specified Court by delivering via international recognized courier service copies of such process to the Borrower at its address specified in Section 8.

Submission to Jurisdiction; Judgment Currency; Waiver of Immunities; Waiver of Jury Trial. (a) (i) The Borrower hereby irrevocably and unconditionally: (A) submits for itself and its property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof (collectively, the “Specified Courts”); (B) consents that any such action or proceeding brought by it must be brought in such courts and waives any objection that it may now or hereafter have to the venue of any action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; and (C) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section 8.11 8.12 any special, exemplary, punitive or consequential damages. (ii) The Borrower hereby irrevocably and unconditionally appoints National Corporate Research, Ltd. with an office on the date hereof at 10 E. 40th Street, 10th Floor, New York, NY 10016, United States of America and its successors hereunder (the “Process Agent”), as its agent to receive on behalf of the Borrower and its property service of copies of the summons and complaint and any other process which may be served in any such suit, action or proceeding brought in any Specified Court. Such service may be made by mailing or delivering a copy of such process to the Borrower, as the case may be, in care of the Process Agent at the address specified above for the Process Agent, and the Borrower hereby irrevocably authorizes and directs the Process Agent to accept such service on its behalf. The Borrower further consents to service of process which may be served in any action or suit brought in any Specified Court by mailing copies thereof by registered or certified mail, postage prepaid, to the Borrower at its address for notices hereunder, such service to become effective thirty (30) days after mailing. Failure of the Process Agent to give notice to the Borrower or failure of the Borrower to receive notice of such service of process shall not affect in any way the validity of such service on the Process Agent or the Borrower. The 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 Process Agent above in full force and effect, and to cause the Process Agent to act as such. In the event that at any time such Process Agent shall for any reason cease to maintain an office in the Borough of Manhattan in New York City, or cease to act as Process Agent, then, as an alternate method of service, the Borrower irrevocably consentsprocess

Submission to Jurisdiction; Judgment Currency; Waiver of Immunities; Waiver of Jury Trial. (a) (i) The Borrower hereby irrevocably and unconditionally: (A) submits for itself and its property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof (collectively, the “Specified Courts”); (B) consents that any such action or proceeding brought by it must be brought in such courts and waives any objection that it may now or hereafter have to the venue of any action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; and (C) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section 8.11 8.12 any special, exemplary, punitive or consequential damages. (ii) The Borrower hereby irrevocably and unconditionally appoints National Corporate Research, Ltd. with an office on the date hereof at 10 E. 40th Street, 10th Floor, New York, NY 10016, United States of America and its successors hereunder (the “Process Agent”), as its agent to receive on behalf of the Borrower and its property service of copies of the summons and complaint and any other process which may be served in any such suit, action or proceeding brought in any Specified Court. Such service may be made by mailing or delivering a copy of such process to the Borrower, as the case may be, in care of the Process Agent at the address specified above for the Process Agent, and the Borrower hereby irrevocably authorizes and directs the Process Agent to accept such service on its behalf. The Borrower further consents to service of process which may be served in any action or suit brought in any Specified Court by mailing copies thereof by registered or certified mail, postage prepaid, to the Borrower at its address for notices hereunder, such service to become effective thirty (30) days after mailing. Failure of the Process Agent to give notice to the Borrower or failure of the Borrower to receive notice of such service of process shall not affect in any way the validity of such service on the Process Agent or the Borrower. The 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 Process Agent above in full force and effect, and to cause the Process Agent to act as such. In the event that at any time such Process Agent shall for any reason cease to maintain an office in the Borough of Manhattan in New York City, or cease to act as Process Agent, then, as an alternate method of service, the Borrower irrevocably consentsprocess

Submission to Jurisdiction; Judgment Currency; Waiver of Immunities; Waiver of Jury Trial. (a) (i) The Borrower hereby irrevocably and unconditionally: (A) submits for itself and its property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof (collectively, the “Specified Courts”); (B) consents that any such action or proceeding brought by it must be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; and (C) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section 8.11 any special, exemplary, punitive or consequential damages. (ii) The Borrower hereby irrevocably and unconditionally appoints National Corporate Research, Ltd. CT Corporation System with an office on the date hereof at 10 E. 40th Street000 Xxxxxx Xxxxxx, 10th FloorXxx Xxxx, New YorkXxx Xxxx 00000, NY 10016, United States Xxxxxx Xxxxxx of America and its successors hereunder (the “Process Agent”), as its agent to receive on behalf of the Borrower and its property service of copies of the summons and complaint and any other process which may be served in any such suit, action or proceeding brought in any Specified Court. Such service may be made by mailing or delivering a copy of such process to the Borrower, as the case may be, in care of the Process Agent at the address specified above for the Process Agent, and the Borrower hereby irrevocably authorizes and directs the Process Agent to accept such service on its behalf. The Borrower further consents to service of process which may be served in any action or suit brought in any Specified Court by mailing copies thereof by registered or certified mail, postage prepaid, to the Borrower at its address for notices hereunder, such service to become effective thirty (30) days after mailing. Failure of the Process Agent to give notice to the Borrower or failure of the Borrower to receive notice of such service of process shall not affect in any way the validity of such service on the Process Agent or the Borrower. The 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 Process Agent above in full force and effect, and to cause the Process Agent to act as such. In the event that at any time such Process Agent shall for any reason cease to maintain an office in the Borough of Manhattan in New York City, or cease to act as Process Agent, then, as an alternate method of service, the Borrower irrevocably consentsconsents to the service of any and all process in

Submission to Jurisdiction; Judgment Currency; Waiver of Immunities; Waiver of Jury Trial. (a) (i) The Borrower hereby irrevocably and unconditionally: (A) submits for itself and its property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof (collectively, the “Specified Courts”); (B) consents that any such action or proceeding brought by it must be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; and (C) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section 8.11 any special, exemplary, punitive or consequential damages. (ii) The Borrower hereby irrevocably and unconditionally appoints National Corporate Research, Ltd. CT Corporation System with an office on the date hereof at 10 E. 40th Street000 Xxxxxx Xxxxxx, 10th FloorXxx Xxxx, New YorkXxx Xxxx 00000, NY 10016, United States Xxxxxx Xxxxxx of America and its successors hereunder (the “Process Agent”), as its agent to receive on behalf of the Borrower and its property service of copies of the summons and complaint and any other process which may be served in any such suit, action or proceeding brought in any Specified Court. Such service may be made by mailing or delivering a copy of such process to the Borrower, as the case may be, in care of the Process Agent at the address specified above for the Process Agent, and the Borrower hereby irrevocably authorizes and directs the Process Agent to accept such service on its behalf. The Borrower further consents to service of process which may be served in any action or suit brought in any Specified Court by mailing copies thereof by registered or certified mail, postage prepaid, to the Borrower at its address for notices hereunder, such service to become effective thirty (30) days after mailing. Failure of the Process Agent to give notice to the Borrower or failure of the Borrower to receive notice of such service of process shall not affect in any way the validity of such service on the Process Agent or the Borrower. The 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 Process Agent above in full force and effect, and to cause the Process Agent to act as such. In the event that at any time such Process Agent shall for any reason cease to maintain an office in the Borough of Manhattan in New York City, or cease to act as Process Agent, then, as an alternate method of service, the Borrower irrevocably consentsconsents to the service of any and all process in any such suit, action or proceeding in any Specified Court by delivering via international recognized courier service copies of such process to the Borrower at its address specified in Section 8.

Submission to Jurisdiction; Judgment Currency; Waiver of Immunities; Waiver of Jury Trial. (a) (i) The Borrower hereby irrevocably and unconditionally: (A) submits for itself and its property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof (collectively, the “Specified Courts”); (B) consents that any such action or proceeding brought by it must be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; and (C) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section 8.11 8.12 any special, exemplary, punitive or consequential damages. (ii) The Borrower hereby irrevocably and unconditionally appoints National Corporate Research, Ltd. CT Corporation System with an office on the date hereof at 10 E. 40th Street000 Xxxxxx Xxxxxx, 10th FloorXxx Xxxx, New YorkXxx Xxxx 00000, NY 10016, United States Xxxxxx Xxxxxx of America and its successors hereunder (the “Process Agent”), as its agent to receive on behalf of the Borrower and its property service of copies of the summons and complaint and any other process which may be served in any such suit, action or proceeding brought in any Specified Court. Such service may be made by mailing or delivering a copy of such process to the Borrower, as the case may be, in care of the Process Agent at the address specified above for the Process Agent, and the Borrower hereby irrevocably authorizes and directs the Process Agent to accept such service on its behalf. The Borrower further consents to service of process which may be served in any action or suit brought in any Specified Court by mailing copies thereof by registered or certified mail, postage prepaid, to the Borrower at its address for notices hereunder, such service to become effective thirty (30) days after mailing. Failure of the Process Agent to give notice to the Borrower or failure of the Borrower to receive notice of such service of process shall not affect in any way the validity of such service on the Process Agent or the Borrower. The 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 Process Agent above in full force and effect, and to cause the Process Agent to act as such. In the event that at any time such Process Agent shall for any reason cease to maintain an office in the Borough of Manhattan in New York City, or cease to act as Process Agent, then, as an alternate method of service, the Borrower irrevocably consentsconsents to the service of any and all process in any such suit, action or proceeding in any Specified Court by delivering via international recognized courier service copies of such process to the Borrower at its address specified in Section 8.