Common use of Submission to Jurisdiction; Service of Process Clause in Contracts

Submission to Jurisdiction; Service of Process. (a) Any legal action or proceeding with respect to this Agreement or the Notes or any document related thereto may be brought in the courts of the State of New York or of the United States of America for the Southern District of New York, and, by execution and delivery of this Agreement, the Borrower hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, any objection to the laying of venue or based on the grounds of forum non conveniens, which any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. (b) The Borrower irrevocably consents to the service of process of any of the aforesaid courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to the Borrower at its address provided herein. (c) Nothing contained in this Section 10.9 shall affect the right of the agent, any Lender or any holder of a Note to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against the Borrower in any other jurisdiction.

Submission to Jurisdiction; Service of Process. (a) Any legal action or proceeding with respect to this Agreement or the Notes or any document related thereto other Subordinated Loan Document may be brought in the courts of the State of New York located in the City of New York or of the United States of America for the Southern District of New York, and, by execution and delivery of this Agreement, the Borrower each party hereto hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, including any objection to the laying of venue or based on the grounds of forum non conveniens, which that any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. (b) The Borrower Each party hereto hereby irrevocably consents to the service of any and all process of any of the aforesaid courts in any such action or proceeding by the mailing of copies thereof (by registered or certified mail, postage prepaid, ) of copies of such process to the Borrower such Person at its address specified in Section 7.1 ( Notices). Each party hereto agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided hereinby law. (c) Nothing contained in this Section 10.9 7.6 shall affect the right of the agent, any Lender or any holder of a Note party to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against the Borrower in any other jurisdiction.

Submission to Jurisdiction; Service of Process. (a) Any legal action or proceeding with respect to this Agreement or the Notes or any document related thereto other Loan Document may be brought in the courts of the State of New York or of the United States of America for the Southern District of New York, and, by execution and delivery of this Agreement, each of the Borrower parties hereto hereby accepts accept for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, including any objection to the laying of venue or based on the grounds of forum non conveniens, which any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. (b) The Borrower Each of the parties hereto hereby irrevocably consents consent to the service of process any and all legal process, summons, notices and documents in any suit, action or proceeding brought in the United States of America arising out of or in connection with this Agreement or any of the aforesaid courts in any such action or proceeding other Loan Documents by the mailing of copies thereof (by registered or certified mail, postage prepaid, ) or delivering of a copy of such process to such Person in accordance with the Borrower at its address provisions of Section 9.8. Each Obligor agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided hereinby law. (c) Nothing contained in this Section 10.9 9.12 shall affect the right of the agent, any Lender or any holder of a Note party hereto to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against the Borrower any other party hereto in any other jurisdiction.

Submission to Jurisdiction; Service of Process. (a) Any legal action or proceeding with respect to the Note or this Loan Agreement or the Notes or any document related thereto may be brought in the courts of the State of New York Utah or of the United States of America for the Southern District of New YorkUtah, and, by execution and delivery of the Note and this Loan Agreement, the Borrower hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, any objection to the laying of venue or based on the grounds ground of forum non conveniens, which any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. (b) The Borrower irrevocably consents to the service of process of any of the aforesaid courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to the Borrower at its address provided herein. (c) Nothing contained in this Section 10.9 shall affect the right of the agent, any Lender or any holder of a the Note to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against the Borrower in any other jurisdiction.

Submission to Jurisdiction; Service of Process. (a) Any legal action or proceeding with respect to this Agreement or the Notes or any document related thereto other Loan Document may be brought in the courts of the State of New York or of the United States of America for the Southern District of New York, and, by execution and delivery of this Agreement, each of the Borrower and the Lender hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, any objection to the laying of venue or based on the grounds of forum non conveniens, which any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. (b) The Each of the Borrower and the Lender irrevocably consents to the service of process of any of the aforesaid courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to the Borrower Borrower, or the Lender, as the case may be, at its address provided herein. (c) Nothing contained in this Section 10.9 8.09 shall affect the right of the agent, any Lender or any holder of a Note the Notes to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against the Borrower in any other jurisdiction.

Submission to Jurisdiction; Service of Process. Grantor hereby irrevocably: (a) Any submits for itself and its property in any legal action or proceeding with respect relating to this Agreement Agreement, or for recognition and enforcement of any judgment in respect thereof, to the Notes or any document related thereto may be brought in non-exclusive general jurisdiction of the courts of the State of New York or York, the courts of the United States of America for the Southern District of New York, and, by execution and delivery of this Agreement, the Borrower hereby accepts for itself appellate courts from any thereof; (b) consents that any such action or proceeding may be brought in such courts and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, waives any objection to the laying of venue or based on the grounds of forum non conveniens, which any of them that it may now or hereafter have to the bringing venue of any such action or proceeding in any such respective jurisdictions. (b) The Borrower irrevocably consents to the service of process of any of the aforesaid courts in any court or that such action or proceeding by was brought in an inconvenient court and agrees not to plead or claim the mailing of copies thereof by registered or certified mail, postage prepaid, to the Borrower at its address provided herein.same; (c) Nothing agrees that nothing contained in this Section 10.9 herein shall affect the right to effect service of the agent, any Lender or any holder of a Note to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against shall limit the Borrower right to xxx in any other jurisdiction; (d) appoints CT Corporation, Inc., at 000 Xxxxxx Xxxxxx, 00xx xxxxx, Xxx Xxxx, Xxx Xxxx 00000, as its agent to receive service of process or other summons in connection with any such action or proceeding and waives personal service of process and consents to service of process by certified or registered mail, return receipt requested, addressed to Grantor at its address for notices under the Financing Agreement.

Submission to Jurisdiction; Service of Process. (a) Any legal ---------------------------------------------- action or proceeding with respect to this Agreement or the Notes Note or any document related thereto may be brought in the courts of the State of New York or of the United States of America for the Southern District of New York, and, by execution and delivery of this Agreement, the Borrower hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, any objection to the laying of venue or based on the grounds of forum non conveniens, which any of them may now or -------------------- hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. (b) The Borrower irrevocably consents to the service of process of any of the aforesaid courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to the Borrower borrower at its address provided herein. (c) Nothing contained in this Section 10.9 shall affect the right of the agent, any Lender or any holder of a the Note to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against the Borrower in any other jurisdiction.

Submission to Jurisdiction; Service of Process. (a) Any legal action or proceeding with respect to this Agreement or the Notes or any document related thereto may be brought in the courts of the State of New York or of the United States of America for the Southern District of New York, and, by execution and delivery of this Agreement, the each Borrower hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, any objection to the laying of venue or based on the grounds of forum non conveniensFORUM NON CONVENIENS, which any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. (b) The Borrower irrevocably consents to the service of process of any of the aforesaid courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to the Borrower at its address provided herein. (c) Nothing contained in this Section 10.9 shall affect the right of the agent, any Lender or any holder of a Note to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against the Borrower in any other jurisdiction.

Submission to Jurisdiction; Service of Process. (a) Any legal action or proceeding with respect to this Agreement or the Revolving Credit Notes or any document related hereto or thereto may be brought in the courts of the State of New York or of the United States of America for the Southern District of New York, York and, by execution and delivery of this Agreement, the Borrower hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, any objection to the laying of venue or based on the grounds of forum non conveniens, which any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. (b) The Borrower irrevocably consents to the service of process of any of the aforesaid courts in any such action or proceeding by the mailing of copies a copy thereof by registered or certified mail, postage prepaid, to the Borrower at its address provided herein. (c) Nothing contained in this Section 10.9 shall affect the right of the agentAgent, any Lender Lender, any Issuer or any holder of a Revolving Credit Note to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against the Borrower in any other jurisdiction.

Submission to Jurisdiction; Service of Process. (a) Any legal action or proceeding with respect to this Agreement or the Notes or any document related thereto may be brought in the courts of the State of New York or of the United States of America for the Southern District of New York, and, by execution and delivery of this Agreement, the Borrower Borrower, the REIT and each Lender hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, any objection to the laying of venue or based on the grounds of forum non conveniens, which any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. (b) The Borrower and the REIT irrevocably consents consent to the service of process of any of the aforesaid courts in any such action or proceeding by the mailing of copies thereof -121- 129 by registered or certified mail, postage prepaid, to the Borrower and the REIT at its address provided herein. (c) Nothing contained in this Section 10.9 shall affect the right of the agent, any Lender or any holder of a Note to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against the Borrower in any other jurisdiction.

Submission to Jurisdiction; Service of Process. (a) Any legal action or proceeding with respect to this Agreement or the Revolving Credit Notes or any document related thereto may be brought in the courts of the State of New York or of the United States of America for the Southern District of New York, and, by execution and delivery of this Agreement, the each Borrower hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, any objection to the laying of venue or based on the grounds of forum non conveniens, which any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. (b) The Each Borrower irrevocably consents to the service of process of any of the aforesaid courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to the such Borrower at its address provided herein. (c) Nothing contained in this Section 10.9 shall affect the right of the agentAdministrative Agent, any Lender or any holder of a Revolving Credit Note to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against the any Borrower in any other jurisdiction.

Submission to Jurisdiction; Service of Process. (a) Any legal ---------------------------------------------- action or proceeding with respect to this Agreement or the Notes Note or any document related thereto may be brought in the courts of the State of New York or of the United States of America for the Southern District of New York, and, by execution and delivery of this Agreement, the Borrower hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, any objection to the laying of venue or based on the grounds of forum non conveniens, which any of them may now or hereafter have ----- --- ---------- to the bringing of any such action or proceeding in such respective jurisdictions. (b) The Borrower irrevocably consents to the service of process of any of the aforesaid courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to the Borrower at its address provided herein. (c) Nothing contained in this Section 10.9 9.9 shall affect the right of the agent, any Lender or any holder of a Note Bank to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against the Borrower in any other jurisdiction.

Submission to Jurisdiction; Service of Process. Parent Guarantor: (a) Any submits for itself and its property in any legal action or proceeding with respect relating to this Agreement Guaranty, or for recognition and enforcement of any judgment in respect thereof, to the Notes or any document related thereto may be brought in non-exclusive general jurisdiction of the courts Courts of the State of New York or sitting in the County of Manhattan, the courts of the United States of America for the Southern District of New York, andand appellate courts from any thereof; (b) consents that any such action or proceedings may be brought to such courts, by execution and delivery of this Agreement, the Borrower hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, waives any objection to the laying of venue or based on the grounds of forum non conveniens, which any of them that it may now or hereafter have to the bringing venue of any such action or proceeding in any such respective jurisdictions. court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (bc) The Borrower irrevocably consents agrees, to the fullest extent of Applicable Law, that service of process of any of the aforesaid courts in any such action or proceeding may be effected by the mailing of copies a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Borrower it at its address provided herein. set forth below or at such other address of which the other parties hereto shall have been notified; and (cd) Nothing contained in this Section 10.9 agrees that nothing herein shall affect the right to effect service of the agent, any Lender or any holder of a Note to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against shall limit the Borrower right of any Beneficiary to sue in any other jurisdiction.. Table of Contents Corning Incorporated Guaranty

Submission to Jurisdiction; Service of Process. (a) Any legal action or proceeding with respect to this Agreement or the Notes or any document related thereto other Loan Document may be brought in the courts of the State of New York or of the United States of America for the Southern District of New York, and, by execution and delivery of this Agreement, each of the Borrower Obligors hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, including any objection to the laying of venue or based on the grounds of forum non conveniens, which any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. (b) The Borrower Each of the Obligors hereby irrevocably consents to the service of process any and all legal process, summons, notices and documents in any suit, action or proceeding brought in the United States of America arising out of or in connection with this Agreement or any of the aforesaid courts in any such action or proceeding other Loan Documents by the mailing of copies thereof (by registered or certified mail, postage prepaid, ) or delivering of a copy of such process to such Obligor in accordance with the Borrower at its address provisions of Section 10.7. Each of the Obligors agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided hereinby law. (c) Nothing contained in this Section 10.9 10.11 shall affect the right of the agent, Agent or any Lender or any holder of a Note other party to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against the Borrower either Obligor in any other jurisdiction.

Submission to Jurisdiction; Service of Process. (a) Any legal action or proceeding with respect to this Agreement or the Notes Revolving Credit Notes, if any, or any document related thereto may be brought in the courts of the State of New York or of the United States of America for the Southern District of New York, and, by execution and delivery of this Agreement, the each Borrower hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, any objection to the laying of venue or based on the grounds of forum non conveniensFORUM NON CONVENIENS, which any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. (b) The Borrower irrevocably consents to the service of process of any of the aforesaid courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to the Borrower at its address provided herein. (c) Nothing contained in this Section SECTION 10.9 shall affect the right of the agent, any Lender or any holder of a Note Revolving Credit Note, if any, to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against the Borrower in any other jurisdiction.

Submission to Jurisdiction; Service of Process. (a) Any legal action or proceeding with respect to this Agreement or the Notes Notes, if any, or any document related thereto may be brought in the courts of the State of New York or of the United States of America for the Southern District of New York, and, by execution and delivery of this Agreement, the each Borrower hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, any objection to the laying of venue or based on the grounds of forum non conveniensFORUM NON CONVENIENS, which any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. (b) The Borrower irrevocably consents to the service of process of any of the aforesaid courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to the Borrower at its address provided herein. (c) Nothing contained in this Section 10.9 shall affect the right of the agent, any Lender or any holder of a Note Note, if any, to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against the Borrower in any other jurisdiction.

Submission to Jurisdiction; Service of Process. (a) Any legal action or proceeding with respect to this Agreement or the Notes or any document related thereto other Subordinated Loan Document may be brought in the courts of the State of New York located in the City of New York or of the United States of America for the Southern District of New York, and, by execution and delivery of this Agreement, the Borrower each party hereto hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, including any objection to the laying of venue or based on the grounds of forum non conveniens, which that any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. (b) The Borrower Each party hereto hereby irrevocably consents to the service of any and all process of any of the aforesaid courts in any such action or proceeding by the mailing of copies thereof (by registered or certified mail, postage prepaid, ) of copies of such process to the Borrower such party at its address specified in Section 8.1. Each party hereto agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided hereinby law. (c) Nothing contained in this Section 10.9 shall affect the right of the agent, any Lender or any holder of a Note party to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against the Borrower any other party in any other jurisdiction.. (Signature Page follows)

Submission to Jurisdiction; Service of Process. (a) Any legal action or proceeding with respect to this Agreement or the Notes or any document related thereto other Collateral Document may be brought in the courts of the State of New York sitting in the City of New York or of the United States of America for the Southern District of New York, and, by execution and delivery of this Agreement, the Borrower each Grantor hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, including any objection to the laying of venue or based on the grounds of forum non conveniens, which that any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. (b) The Borrower Each Grantor irrevocably consents to the service of process services of any of the aforesaid courts and all process in any such action or proceeding arising out of or in connection with this Agreement or any other Collateral Document by the mailing of copies thereof (by registered or certified mail, postage prepaid, ) of copies of such process to an appointed process agent or the Borrower at its address specified in Section 10.8 of the Credit Agreement. Each Grantor agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided hereinby law. (c) Nothing contained in this Section 10.9 8.11 shall affect the right of the agent, Administrative Agent or any Lender or any holder of a Note to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against the Borrower any Grantor in any other jurisdiction.

Submission to Jurisdiction; Service of Process. (a) Any legal action or proceeding with respect to this Agreement or the Notes or any document related thereto Loan Document may be brought in the courts of the State of New York, County of New York or of the United States of America for sitting in the Southern District State of New York, County of New York, and, by execution and delivery of this Agreement, each of the Borrower parties hereby accepts consents for itself and in respect of its property, generally and unconditionally, to the non-exclusive jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, any objection to the laying of venue or based on the grounds of forum non conveniens, which any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. (b) The Borrower irrevocably consents to the service of process of any of the aforesaid courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to the Borrower at its address provided herein. (c) . Nothing contained in this Section 10.9 8.08(b) shall affect the right of the agent, any Lender or any holder of a Note to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against the Borrower in any other jurisdiction.

Submission to Jurisdiction; Service of Process. (a) Any legal action or proceeding with respect to this Agreement or the Notes or any document related thereto may be brought in the courts of the State of New York Texas or of the United States of America for the Southern Northern District of New YorkTexas, and, by execution and delivery of this Agreement, the Borrower hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, any objection to the laying of venue or based on the grounds of forum non conveniens, which any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. (b) The Borrower irrevocably consents to the service of process of any of the aforesaid courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to the Borrower at its address provided herein. (c) Nothing contained in this Section 10.9 10.16 shall affect the right of the agentAdministrative Agent, any Lender or any holder of a Note to serve process in any other manner permitted by law Law or commence legal proceedings or otherwise proceed against the Borrower in any other jurisdiction.

Submission to Jurisdiction; Service of Process. (a) Any legal action or proceeding with respect to this Agreement or the Notes Note or any document related thereto may be brought in the courts of the State of New York or of the United States of America for the Southern District of New York, and, by execution and delivery of this Agreement, the Borrower hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, any objection to the laying of venue or based on the grounds of forum non conveniens, which any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. (b) The Borrower irrevocably consents to the service of process of any of the aforesaid courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to the Borrower borrower at its address provided herein. (c) Nothing contained in this Section 10.9 shall affect the right of the agent, any Lender or any holder of a the Note to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against the Borrower in any other jurisdiction.

Submission to Jurisdiction; Service of Process. (a) Any legal action or proceeding with respect to this Agreement or the Notes or any document related thereto may be brought in the courts of the in, Arizona State of New York or of the United States of America for the Southern District of New YorkCourt sitting in Phoenix, Arizona, and, by execution and delivery of this Agreement, the Borrower hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, any objection to the laying of venue or based on the grounds of forum non conveniens, which any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. (b) The Borrower irrevocably consents to the service of process of any of the aforesaid courts in any such action or 123 proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to the Borrower at its address provided herein. (c) Nothing contained in this Section 10.9 11.9 shall affect the right of the agentAdministrative Agent, the Issuing Bank, any Lender or any holder of a Note to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against the Borrower in any other jurisdiction.

Submission to Jurisdiction; Service of Process. (a) Any legal action or proceeding with respect to this Agreement or the Notes or any document related thereto other Subordinated Loan Document may be brought in the courts of the State of New York located in the City of New York or of the United States of America for the Southern District of New York, and, by execution and delivery of this Agreement, the Borrower each party hereto hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, including any objection to the laying of venue or based on the grounds of forum non conveniens, which that any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. (b) The Borrower Each party hereto hereby irrevocably consents to the service of any and all process of any of the aforesaid courts in any such action or proceeding by the mailing of copies thereof (by registered or certified mail, postage prepaid, ) of copies of such process to the Borrower such party at its address specified in Section 8.1. Each party hereto agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided hereinby law. (c) Nothing contained in this Section 10.9 shall affect the right of the agent, any Lender or any holder of a Note party to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against the Borrower any other party in any other jurisdiction.. (Signature Page follows) EXHIBIT 4.1 EXECUTION

Submission to Jurisdiction; Service of Process. (a) Any legal action or proceeding with respect to this Agreement or the Notes or any document related thereto may be brought in the courts of the State of New York or of the United States of America for the Southern District of New York, and, by execution and delivery of this Agreement, the Borrower hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, any objection to the laying of venue or based on the grounds of forum non conveniens, which any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. (b) The Borrower irrevocably consents to the service of process of any of the aforesaid courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to the Borrower borrower at its address provided herein. (c) Nothing contained in this Section 10.9 shall affect the right of the agent, any Lender or any holder of a Note the Notes to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against the Borrower in any other jurisdiction.

Submission to Jurisdiction; Service of Process. (a) Any legal action or proceeding with respect to this Agreement or the Notes or any document related thereto other Subordinated Loan Document may be brought in the courts of the State of New York located in the City of New York or of the United States of America for the Southern District of New York, and, by execution and delivery of this Agreement, the Borrower each party hereto hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including, without limitation, including any objection to the laying of venue or based on the grounds of forum non conveniens, which that any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. (b) The Borrower Each party hereto hereby irrevocably consents to the service of any and all process of any of the aforesaid courts in any such action or proceeding by the mailing of copies thereof (by registered or certified mail, postage prepaid, ) of copies of such process to the Borrower such Person at its address specified in Section 7.1 ( Notices). Each party hereto agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided hereinby law. (c) Nothing contained in this Section 10.9 7.6 shall affect the right of the agent, any Lender or any holder of a Note party to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against the Borrower in any other jurisdiction.. EXHIBIT 10.1 ---------

Submission to Jurisdiction; Service of Process. (a) Any legal action or proceeding with respect to this Agreement or the Notes or any document related thereto may other Loan Document shall be brought exclusively in the courts of the State of New York located in the City of New York, Borough of Manhattan, or of the United States of America for the Southern District of New York, and any appellate courts from any thereof, and, by execution and delivery of this Agreement, each of the Borrower MLP and the Borrowers hereby irrevocably accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts; provided, however, that if none of such courts can and will exercise jurisdiction, such exclusivity shall not apply. The parties hereto hereby irrevocably waive any objection, including, without limitation, including any objection to the laying of venue or based on the grounds of forum non conveniens, which that any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. Nothing in this Agreement shall affect any right that the Administrative Agent, the Issuers or any Lender may otherwise have to bring any action or proceeding relating to this Agreement or the other Loan Documents against the Loan Parties or their properties in the courts of any jurisdiction. (b) The Borrower Each of the MLP and the Borrowers hereby irrevocably consents to the service of any and all process of any of the aforesaid courts in any such action or proceeding by the mailing of copies thereof (by registered or certified mail, postage prepaid, ) of copies of such process to the MLP or such Borrower at its address provided herein. (c) Nothing contained specified in this Section 10.9 shall affect the right of the agent, any Lender or any holder of a Note to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against the Borrower in any other jurisdiction.10.8

Submission to Jurisdiction; Service of Process. (a) Any legal action or proceeding with respect to this Agreement or the Notes or any document related thereto may be brought in the courts of the State of New York or of the United States of America for the Southern District of New York, and, by execution and delivery of this Agreement, the Borrower each Grantor hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The parties hereto Each Grantor hereby irrevocably waive waives any objection, including, without limitation, including any objection to the laying of venue or based on the grounds of forum non conveniens, which that any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. (b) The Borrower Each Grantor hereby irrevocably consents to the service of process of any of the aforesaid courts and all legal process, summons, notices and documents in any such suit, action or proceeding brought in the United States of America arising out of or in connection with this Agreement by the mailing of copies thereof (by registered or certified mail, postage prepaid, ) or delivering of a copy of such process to such Grantor at the Borrower at its address specified in Section 7.2. Each of the Grantors agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided hereinby law. (c) Nothing contained in this Section 10.9 7.14 shall affect the right of the agent, any Lender Collateral Agent or any holder of a Note other Secured Party to serve process in any other manner permitted by law or commence legal proceedings or otherwise proceed against the Borrower any Grantor in any other jurisdiction.