Submission to Jurisdiction; Service of Process. Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction of any New York state court or Federal court of the United States of America sitting in New York City, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York state court or, to the extent permitted by law, in such Federal court. Each Borrower (other than PMI) hereby agrees that service of process in any such action or proceeding brought in any such New York state court or in such Federal court may be made upon PMI at 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Secretary, or such other address in the United States as notified to the Facility Agent from time to time (the “Process Agent”), and each Designated Subsidiary hereby irrevocably appoints the Process Agent its authorized agent to accept such service of process, and agrees that the failure of the Process Agent to give any notice of any such service shall not impair or affect the validity of such service or of any judgment rendered in any action or proceeding based thereon. Each Borrower hereby further irrevocably consents to the service of process in any action or proceeding in such courts by the mailing thereof by any parties hereto by registered or certified mail, postage prepaid, to such Borrower at its address specified pursuant to Section 9.2. Each of the parties 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 by law. Nothing in this Agreement shall affect any right that any party may otherwise have to serve legal process in any other manner permitted by law or to bring any action or proceeding relating to this Agreement or the Notes in the courts of any jurisdiction.
Appears in 5 contracts
Samples: Credit Agreement (Philip Morris International Inc.), Credit Agreement (Philip Morris International Inc.), Credit Agreement (Philip Morris International Inc.)
Submission to Jurisdiction; Service of Process. Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction of any New York state court or Federal court of the United States District Court of America the Southern District of New York and the Supreme Court of the State of New York sitting in New York CityCounty, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement, any Note or any Designation Agreement, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined exclusively in such United States District Court or, in the event such United States District Court lacks subject matter jurisdiction, such Supreme Court; provided that, notwithstanding the foregoing, (i) the Administrative Agent and the Lenders shall retain the right to bring any such New York state court or, action or proceeding against any Designated Subsidiary that is a Foreign Subsidiary in the jurisdiction of organization or existence of such Designated Subsidiary and (ii) each of the parties hereto shall retain the right to bring any such action or proceeding in the extent permitted by law, courts of any other jurisdiction in such Federal courtconnection with the enforcement of any judgment. Each Borrower (other than PMI) of the Designated Subsidiaries hereby agrees that service of process in any such action or proceeding brought in any such New York state court or in such Federal court may be made upon PMI at 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Secretary, or such other address in the United States as notified to the Facility Agent from time to time (the “Process Agent”), and each Designated Subsidiary hereby irrevocably appoints directs the Process Agent as its authorized agent to accept such service of process, and agrees that the failure of the Process Agent to give any notice of any such service shall not impair or affect the validity of such service or of any judgment rendered in any action or proceeding based thereon. Each of Mondelēz International and each other Borrower hereby further irrevocably consents to the service of process in any such action or proceeding in any such courts court by the mailing thereof by any parties hereto by registered or certified mail, postage prepaid, to Mondelēz International or such Borrower other Borrower, as applicable, at its address specified pursuant to Section 9.29.02. Each of the parties 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 by law. Nothing in this Agreement or any Note shall affect any right that any party may otherwise have to serve legal process in any other manner permitted by law or to bring any action or proceeding relating to this Agreement or the Notes in the courts of any jurisdictionlaw.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Mondelez International, Inc.), 364 Day Revolving Credit Agreement (Mondelez International, Inc.), 364 Day Revolving Credit Agreement (Mondelez International, Inc.)
Submission to Jurisdiction; Service of Process. Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction of any New York state court or Federal court of the United States District Court of America sitting in the Southern District of New York CityYork, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York state court or, to the extent permitted by law, in such Federal court. Each of Kraft Foods and each Borrower (other than PMI) hereby agrees that service of process in any such action or proceeding brought in any such New York state court or in such Federal court may be made upon PMI at 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Secretary, or such other address in the United States as notified process agent appointed pursuant to the Facility Agent from time to time Section 9.11(b) (the “Process Agent”), ) and each Designated Subsidiary hereby irrevocably appoints the Process Agent its authorized agent to accept such service of process, and agrees that the failure of the Process Agent to give any notice of any such service shall not impair or affect the validity of such service or of any judgment rendered in any action or proceeding based thereon. Each Borrower hereby and Kraft Foods further irrevocably consents to the service of process in any such action or proceeding in any such courts court by the mailing thereof by any parties hereto by registered or certified mail, postage prepaid, to such Borrower or Kraft Foods, as applicable, at its address specified pursuant to Section 9.29.02. Each of the parties 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 by law. Nothing in this Agreement shall affect any right that any party may otherwise have to serve legal process in any other manner permitted by law or to bring any action or proceeding relating to this Agreement or the Notes in the courts of any jurisdiction.
Appears in 4 contracts
Samples: Revolving Credit Agreement, Revolving Credit Agreement (Kraft Foods Group, Inc.), Revolving Credit Agreement (Kraft Foods Inc)
Submission to Jurisdiction; Service of Process. Each (a) Any legal action or proceeding with respect to this Agreement or any other Loan Document shall be brought in the courts of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction State of any New York state court sitting in New York County or Federal court of the United States of America sitting in for the Southern District of New York CityYork, and, by execution and any appellate court from any thereof, in any action or proceeding arising out delivery of or relating to this Agreement, each Loan Party hereby accepts for itself and in respect of its property, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts, except that the Agents, Issuers or for recognition Lenders may bring legal action or proceedings in other appropriate jurisdictions with respect to the enforcement of any judgment, and each of its rights with respect to the Collateral. The parties hereto hereby irrevocably and unconditionally agrees waive any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens, that all claims in respect any of them may now or hereafter have to the bringing of any such action or proceeding may be heard in such respective jurisdictions.
(b) The Parent and determined in any such New York state court or, each Borrower irrevocably consents to the extent permitted by law, in such Federal court. Each Borrower (other than PMI) hereby agrees that service of any and all process in any such action or proceeding brought in any such New York state court or in such Federal court may be made upon PMI at 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Secretary, or such other address in the United States as notified to the Facility Agent from time to time (the “Process Agent”), and each Designated Subsidiary hereby irrevocably appoints the Process Agent its authorized agent to accept such service of process, and agrees that the failure of the Process Agent to give any notice of any such service shall not impair or affect the validity of such service or of any judgment rendered in any action or proceeding based thereon. Each Borrower hereby further irrevocably consents to the service of process in any action or proceeding in such courts by the mailing thereof by any parties hereto (by registered or certified mail, postage prepaid) of copies of such process to J. Xxx XxXxxxxxx Holdings, to such Borrower LLC (at 000 Xxxxx Xxxxxxxx Xxxxxxx, Houston, Texas 77079) or the Parent at its address specified pursuant to in Section 9.211.8. Each of the parties hereto The Parent and each Borrower 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 by law. .
(c) Nothing contained in this Agreement Section 11.12 shall affect the right of any right that Administrative Agent or any party may otherwise have Lender to serve legal process in any other manner permitted by law or to bring commence legal proceedings or otherwise proceed against the Borrowers or any action other Loan Party in any other jurisdiction.
(d) To the extent that either the Parent or proceeding relating to this Agreement a Borrower has or the Notes in the courts hereafter may acquire any immunity from jurisdiction of any jurisdictioncourt or from any legal process (whether from service or notice, attachment prior to judgment, attachment in aid of execution of a judgment, execution or otherwise), such Person hereby irrevocably waives such immunity in respect of its obligations hereunder.
Appears in 4 contracts
Samples: Credit Agreement (McDermott International Inc), Superpriority Senior Secured Credit Agreement (McDermott International Inc), Credit Agreement (McDermott International Inc)
Submission to Jurisdiction; Service of Process. Each (a) Any legal action or proceeding with respect to this Agreement or any other Loan Document shall be brought in the courts of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction State of any New York state court located in the City of New York or Federal court of the United States of America sitting in for the Southern District of New York CityYork, and, by execution and any appellate court from any thereof, in any action or proceeding arising out delivery of or relating to this Agreement, or each party hereto hereby accepts for recognition or enforcement itself and in respect of any judgmentits property, generally and each unconditionally, the exclusive jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably and unconditionally agrees waive any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens, that all claims in respect any of them may now or hereafter have to the bringing of any such action or proceeding may be heard in such respective jurisdictions. The Borrower and determined each other Group Member irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind or description, whether in law or equity, whether in contract or tort or otherwise, against any Agent, any Lender, any Issuer or any Related Party of the foregoing in any such way relating to this Agreement or any other Loan Document or the transactions relating hereto or thereto, in any forum other than 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; provided, that nothing in this Agreement or any other Loan Document shall limit the right of the Administrative Agent to commence any proceeding in the federal or state court or, courts of any other jurisdiction to the extent permitted by law, in such Federal court. Each Borrower (other than PMI) hereby agrees the Administrative Agent determines that service of process in any such action is necessary or proceeding brought in appropriate to exercise its rights or remedies as a secured creditor under this Agreement or any such New York state court or in such Federal court may be made upon PMI at 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Secretary, or such other address in the United States as notified to the Facility Agent from time to time Collateral Document.
(the “Process Agent”), and each Designated Subsidiary hereby irrevocably appoints the Process Agent its authorized agent to accept such service of process, and agrees that the failure of the Process Agent to give any notice of any such service shall not impair or affect the validity of such service or of any judgment rendered in any action or proceeding based thereon. Each b) The Borrower hereby further irrevocably consents to the service of process any and all legal process, summons, notices and documents in any suit, action or proceeding brought in such courts the United States of America arising out of or in connection with this Agreement or any other Loan Document by the mailing thereof by any parties hereto (by registered or certified mail, postage prepaid, ) or delivering of a copy of such process to such the Borrower at its address specified pursuant to in Section 9.2. Each of the parties 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 by law. Nothing in this Agreement shall affect any right that any party may otherwise have to serve legal process in any other manner permitted by law or to bring any action or proceeding relating to this Agreement or the Notes in the courts of any jurisdiction.11.8
Appears in 4 contracts
Samples: Credit Agreement (Amc Entertainment Holdings, Inc.), Credit Agreement (Amc Entertainment Inc), Credit Agreement (Amc Entertainment Holdings, Inc.)
Submission to Jurisdiction; Service of Process. Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction of any New York state court or Federal court of the United States of America sitting in New York City, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York state court or, to the extent permitted by law, in such Federal court. Each Borrower (other than PMIAltria) hereby agrees that service of process in any such action or proceeding brought in any such New York state court or in such Federal court may be made upon PMI Altria at its offices at 000 Xxxx Xxxxxx, Xxx Xxxx, XX Xxx Xxxx 00000, Attention: Secretary, or such other address in the United States as notified to the Facility Agent from time to time Secretary (the “Process Agent”), ) and each Designated Subsidiary hereby irrevocably appoints the Process Agent its authorized agent to accept such service of process, and agrees that the failure of the Process Agent to give any notice of any such service shall not impair or affect the validity of such service or of any judgment rendered in any action or proceeding based thereon. Each Borrower hereby further irrevocably consents to the service of process in any action or proceeding in such courts by the mailing thereof by any parties hereto by registered or certified mail, postage prepaid, to such Borrower at its address specified pursuant to Section 9.29.02. Each of the parties 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 by law. Nothing in this Agreement shall affect any right that any party may otherwise have to serve legal process in any other manner permitted by law or to bring any action or proceeding relating to this Agreement or the Notes in the courts of any jurisdiction.
Appears in 3 contracts
Samples: 364 Day Revolving Credit Agreement (Altria Group Inc), Revolving Credit Agreement (Altria Group Inc), 364 Day Revolving Credit Agreement (Altria Group Inc)
Submission to Jurisdiction; Service of Process. (a) Each of the parties hereto Guarantor hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction of any New York state State court or Federal court of the United States of America Xxxxxx Xxxxxx xx Xxxxxxx sitting in New York City, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this AgreementAgreement or the other Loan Documents, or for recognition or enforcement of any judgment, and each of the parties hereto Guarantor hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York state court State or, to the extent permitted by law, in such Federal court. Each Borrower (other than PMI) hereby agrees that service of process in any such action or proceeding brought in any such New York state court or in such Federal court may be made upon PMI at 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Secretary, or such other address in the United States as notified to the Facility Agent from time to time (the “Process Agent”), and each Designated Subsidiary hereby irrevocably appoints the Process Agent its authorized agent to accept such service of process, and agrees that the failure of the Process Agent to give any notice of any such service shall not impair or affect the validity of such service or of any judgment rendered in any action or proceeding based thereon. Each Borrower hereby further irrevocably consents to the service of process in any action or proceeding in such courts by the mailing thereof by any parties hereto by registered or certified mail, postage prepaid, to such Borrower at its address specified pursuant to Section 9.2. Each of the parties hereto Guarantor 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 by law. Nothing in this Agreement shall affect any right that the Administrative Agent, the Collateral Agent, the Issuing Bank or any party Lender may otherwise have to serve legal process in any other manner permitted by law or to bring any action or proceeding relating to this the Credit Agreement or the Notes other Loan Documents against each Guarantor or their respective properties in the courts of any jurisdiction.
(b) Each Guarantor hereby irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection which it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or the other Loan Documents in any New York State or Federal court referred to in paragraph (a) of this Section. Each Guarantor hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.
(c) Each Guarantor irrevocably consents to service of process in the manner provided for notices in Section 9.01 of the Credit Agreement. Nothing contained in the Credit Agreement or any other Loan Document shall affect the right of the Collateral Agent or any other Guarantied Party to serve process in any other manner permitted by law.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Emdeon Inc.), First Lien Credit Agreement (Emdeon Inc.)
Submission to Jurisdiction; Service of Process. Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction of any New York state court or Federal court of the United States District Court of America sitting in the Southern District of New York CityYork, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York state court or, to the extent permitted by law, in such Federal court. Each Kraft Foods and each Borrower (other than PMI) hereby agrees agree that service of process in any such action or proceeding brought in any such New York state court or in such Federal court may be made upon PMI at 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Secretary, or such other address in the United States as notified process agent appointed pursuant to the Facility Agent from time to time Section 9.11(b) (the “Process Agent”), ) and each Designated Subsidiary hereby irrevocably appoints the Process Agent its authorized agent to accept such service of process, and agrees that the failure of the Process Agent to give any notice of any such service shall not impair or affect the validity of such service or of any judgment rendered in any action or proceeding based thereon. Each Borrower hereby further irrevocably consents to the service of process in any action or proceeding in such courts by the mailing thereof by any parties hereto by registered or certified mail, postage prepaid, to such Borrower at its address specified pursuant to Section 9.29.02. Each of the parties 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 by law. Nothing in this Agreement shall affect any right that any party may otherwise have to serve legal process in any other manner permitted by law or to bring any action or proceeding relating to this Agreement or the Notes in the courts of any jurisdiction.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Kraft Foods Inc), Revolving Credit Agreement (Kraft Foods Inc)
Submission to Jurisdiction; Service of Process. Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction of any New York state court or Federal court of the United States District Court of America the Southern District of New York and the Supreme Court of the State of New York sitting in New York CityCounty, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined exclusively in such United States District Court or, in the event such United States District Court lacks subject matter jurisdiction, such Supreme Court; provided that, notwithstanding the foregoing, each of the parties hereto shall retain the right to bring any such New York state court or, to action or proceeding in the extent permitted by law, courts of any other jurisdiction in such Federal courtconnection with the enforcement of any judgment. Each Borrower (other than PMI) of the Designated Subsidiaries hereby agrees that service of process in any such action or proceeding brought in any such New York state court or in such Federal court may be made upon PMI at 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Secretary, or such other address in the United States as notified process agent appointed pursuant to the Facility Agent from time to time Section 9.11(b) (the “Process Agent”), ) and each Designated Subsidiary hereby irrevocably appoints the Process Agent as its authorized agent to accept such service of process, and agrees that the failure of the Process Agent to give any notice of any such service shall not impair or affect the validity of such service or of any judgment rendered in any action or proceeding based thereon. Each of Mondelēz International and each other Borrower hereby further irrevocably consents to the service of process in any such action or proceeding in any such courts court by the mailing thereof by any parties hereto by registered or certified mail, postage prepaid, to Mondelēz International or such Borrower other Borrower, as applicable, at its address specified pursuant to Section 9.29.02. Each of the parties 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 by law. Nothing in this Agreement or any Note shall affect any right that any party may otherwise have to serve legal process in any other manner permitted by law or to bring any action or proceeding relating to this Agreement or the Notes in the courts of any jurisdictionlaw.
Appears in 2 contracts
Samples: 364 Day Revolving Credit Agreement (Mondelez International, Inc.), Revolving Credit Agreement (Mondelez International, Inc.)
Submission to Jurisdiction; Service of Process. Each (a) Any legal action or proceeding brought by any Borrower or any of its respective Affiliates with respect to this Agreement or any other Loan Document shall be brought exclusively in the courts of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction State of any New York state court located in the City of New York, borough of Manhattan, or Federal court of the United States of America sitting in for the Southern District of New York City, York. By execution and any appellate court from any thereof, in any action or proceeding arising out delivery of or relating to this Agreement, or each Loan Party hereby accepts for recognition or enforcement itself and in respect of any judgmentits property, generally and each unconditionally, the jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably and unconditionally agrees waive any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens, that all claims in respect any of them may now or hereafter have to the bringing of any such action or proceeding may be heard and determined in any such New York state court or, to the extent permitted by law, in such Federal court. respective jurisdictions.
(b) Each Borrower (other than PMI) Loan Party hereby agrees that service of process in any such action or proceeding brought in any such New York state court or in such Federal court may be made upon PMI at 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Secretary, or such other address in the United States as notified to the Facility Agent from time to time (the “Process Agent”), and each Designated Subsidiary hereby irrevocably appoints the Process Agent its authorized agent to accept such service of process, and agrees that the failure of the Process Agent to give any notice of any such service shall not impair or affect the validity of such service or of any judgment rendered in any action or proceeding based thereon. Each Borrower hereby further irrevocably consents to the service of process any and all legal process, summons, notices and documents in any suit, action or proceeding brought in such courts the United States of America arising out of or in connection with this Agreement or any other Loan Document by the mailing thereof by any parties hereto (by registered or certified mail, postage prepaid, ) or delivering of a copy of such process to such Borrower the Loan Parties at its address specified pursuant to in Section 9.29.02. Each of the parties hereto Loan Party 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 by law. .
(c) Nothing contained in this Agreement Section 9.12 shall affect the right of the Administrative Agent or any right that any party may otherwise have Lender to serve legal process in any other manner permitted by law or to bring commence legal proceedings or otherwise proceed against the Loan Parties in any other jurisdiction.
(d) Each Loan Party that is a Foreign Subsidiary (including Arcadium, IntermediateCo and Xxxxx) hereby agrees that service of process in any action or proceeding relating to brought in any New York State court or in federal court described in clause (a) of this Section 9.12 may be made upon Arcadium at its U.S. address set forth in Section 9.02 of this Agreement or and each such Loan Party hereby irrevocably appoints Arcadium, and Arcadium hereby accepts such appointment, as its authorized agent to accept such service of process, and agrees that the Notes in the courts failure of Arcadium to give any notice of any jurisdictionsuch service shall not impair or affect the validity of such service or of any judgment rendered in any action or proceeding based thereon.
Section 9.13. SECTION 9.13.
Appears in 2 contracts
Samples: Credit Agreement (Arcadium Lithium PLC), Credit Agreement (Livent Corp.)
Submission to Jurisdiction; Service of Process. Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction of any New York state court or Federal court of the United States District Court of America sitting in the Southern District of New York CityYork, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York state court or, to the extent permitted by law, in such Federal court. Each Kraft and each Borrower (other than PMI) hereby agrees agree that service of process in any such action or proceeding brought in any such New York state court or in such Federal court may be made upon PMI at 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Secretary, or such other address in the United States as notified process agent appointed pursuant to the Facility Agent from time to time Section 9.11(b) (the “Process Agent”), ) and each Designated Subsidiary hereby irrevocably appoints the Process Agent its authorized agent to accept such service of process, and agrees that the failure of the Process Agent to give any notice of any such service shall not impair or affect the validity of such service or of any judgment rendered in any action or proceeding based thereon. Each Borrower hereby further irrevocably consents to the service of process in any action or proceeding in such courts by the mailing thereof by any parties hereto by registered or certified mail, postage prepaid, to such Borrower at its address specified pursuant to Section 9.29.02. Each of the parties 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 by law. Nothing in this Agreement shall affect any right that any party may otherwise have to serve legal process in any other manner permitted by law or to bring any action or proceeding relating to this Agreement or the Notes in the courts of any jurisdiction.
Appears in 1 contract
Submission to Jurisdiction; Service of Process. Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction of any New York state court or Federal court of the United States of America sitting in New York City, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York state court or, to the extent permitted by law, in such Federal court. Each Kraft and each Borrower (other than PMI) hereby agrees agree that service of process in any such action or proceeding brought in any such New York state court or in such Federal court may be made upon PMI at 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Secretary, or such other address in the United States as notified process agent appointed pursuant to the Facility Agent from time to time Section 9.11(b) (the “Process Agent”), "PROCESS AGENT") and each Designated Subsidiary hereby irrevocably appoints the Process Agent its authorized agent to accept such service of process, and agrees that the failure of the Process Agent to give any notice of any such service shall not impair or affect the validity of such service or of any judgment rendered in any action or proceeding based thereon. Each Borrower hereby further irrevocably consents to the service of process in any action or proceeding in such courts by the mailing thereof by any parties hereto by registered or certified mail, postage prepaid, to such Borrower at its address specified pursuant to Section 9.29.02. Each of the parties 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 by law. Nothing in this Agreement shall affect any right that any party may otherwise have to serve legal process in any other manner permitted by law or to bring any action or proceeding relating to this Agreement or the Notes in the courts of any jurisdiction.
Appears in 1 contract
Samples: 364 Day Revolving Credit Agreement (Kraft Foods Inc)
Submission to Jurisdiction; Service of Process. Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction of any New York state court or Federal federal court of the United States of America sitting in New York City, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York state court or, to the extent permitted by law, in such Federal federal court. Each Borrower (other than PMI) hereby agrees that service of process in any such action or proceeding brought in any such New York state court or in such Federal federal court may be made upon PMI at 000 Xxxx Xxxxxx677 Washington Blvd., Xxx XxxxSuite 1100, XX 00000Stamford, Connecticut 06901, Attention: Corporate Secretary, or such other address in the United States as notified to the Facility Agent from time to time (the “Process Agent”), and each Designated Subsidiary hereby irrevocably appoints the Process Agent its authorized agent to accept such service of process, and agrees that the failure of the Process Agent to give any notice of any such service shall not impair or affect the validity of such service or of any judgment rendered in any action or proceeding based thereon. Each Borrower hereby further irrevocably consents to the service of process in any action or proceeding in such courts by the mailing thereof by any parties hereto by registered or certified mail, postage prepaid, to such Borrower at its address specified pursuant to Section 9.2. Each of the parties 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 by law. Nothing in this Agreement shall affect any right that any party may otherwise have to serve legal process in any other manner permitted by law or to bring any action or proceeding relating to this Agreement or the Notes in the courts of any jurisdiction.
Appears in 1 contract
Samples: Credit Agreement (Philip Morris International Inc.)
Submission to Jurisdiction; Service of Process. Each (a) Any legal action or proceeding with respect to this Agreement or any other Loan Document shall be brought in the Bankruptcy Court, or to the extent that the Bankruptcy Court does not have (or abstains from exercising) jurisdiction, in the courts of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction State of any New York state court sitting in New York County or Federal court of the United States of America sitting in for the Southern District of New York CityYork, and, by execution and any appellate court from any thereof, in any action or proceeding arising out delivery of or relating to this Agreement, or each Loan Party hereby accepts for recognition or enforcement itself and in respect of any judgmentits property, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts, except that each of the Agents, Issuers or Lenders may bring legal action or proceedings in other appropriate jurisdictions with respect to the enforcement of its rights with respect to the Collateral. The parties hereto hereby irrevocably and unconditionally agrees waive any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens, that all claims in respect any of them may now or hereafter have to the bringing of any such action or proceeding may be heard in such respective jurisdictions.
(b) The Parent and determined in any such New York state court or, each Borrower irrevocably consents to the extent permitted by law, in such Federal court. Each Borrower (other than PMI) hereby agrees that service of any and all process in any such action or proceeding brought in any such New York state court or in such Federal court may be made upon PMI at 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Secretary, or such other address in the United States as notified to the Facility Agent from time to time (the “Process Agent”), and each Designated Subsidiary hereby irrevocably appoints the Process Agent its authorized agent to accept such service of process, and agrees that the failure of the Process Agent to give any notice of any such service shall not impair or affect the validity of such service or of any judgment rendered in any action or proceeding based thereon. Each Borrower hereby further irrevocably consents to the service of process in any action or proceeding in such courts by the mailing thereof by any parties hereto (by registered or certified mail, postage prepaid) of copies of such process to J. Xxx XxXxxxxxx Holdings, to such Borrower LLC (at 000 Xxxxx Xxxxxxxx Xxxxxxx, Houston, Texas 77079) or the Parent at its address specified pursuant to in Section 9.211.8. Each of the parties hereto The Parent and each Borrower 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 by law. .
(c) Nothing contained in this Agreement Section 11.12 shall affect the right of any right that Administrative Agent or any party may otherwise have Lender to serve legal process in any other manner permitted by law or to bring commence legal proceedings or otherwise proceed against the Borrowers or any action other Loan Party in any other jurisdiction.
(d) To the extent that either the Parent or proceeding relating to this Agreement a Borrower has or the Notes in the courts hereafter may acquire any immunity from jurisdiction of any jurisdictioncourt or from any legal process (whether from service or notice, attachment prior to judgment, attachment in aid of execution of a judgment, execution or otherwise), such Person hereby irrevocably waives such immunity in respect of its obligations hereunder.
Appears in 1 contract
Samples: Superpriority Senior Secured Debtor in Possession Credit Agreement (McDermott International Inc)
Submission to Jurisdiction; Service of Process. Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction of any New York state court or Federal court of the United States District Court of America the Southern District of New York and the Supreme Court of the State of New York, in each case, sitting in New York CityCounty, and any appellate court from any thereof, in any action or proceeding (whether in contract, tort or otherwise and whether at law or in equity) arising out of or relating to this AgreementAgreement or any other Loan Document, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined exclusively in such United States District Court or, in the event such United States District Court lacks subject matter jurisdiction, such Supreme Court; provided that, notwithstanding the foregoing, (i) the Administrative Agent and the Lenders shall retain the right to bring any such New York state court or, action or proceeding against any Designated Subsidiary that is a Foreign Subsidiary in the jurisdiction of organization or existence of such Designated Subsidiary and (ii) each of the parties hereto shall retain the right to bring any such action or proceeding in the extent permitted by law, courts of any other jurisdiction in such Federal courtconnection with the enforcement of any judgment. Each Borrower (other than PMI) of the Designated Subsidiaries hereby agrees that service of process in any such action or proceeding brought in any such New York state court or in such Federal court may be made upon PMI at 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Secretary, or such other address in the United States as notified to the Facility Agent from time to time (the “Process Agent”), and each Designated Subsidiary hereby irrevocably appoints directs the Process Agent as its authorized agent to accept such service of process, and agrees that the failure of the Process Agent to give any notice of any such service shall not impair or affect the validity of such service or of any judgment rendered in any action or proceeding based thereon. Each of Mondelez International and each other Borrower hereby further irrevocably consents to the service of process in any such action or proceeding in any such courts court by the mailing thereof by any parties hereto by registered or certified mail, postage prepaid, to Mondelez International or such Borrower other Borrower, as applicable, at its address specified pursuant to Section 9.29.02. Each of the parties 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 by law. Nothing in this Agreement or any other Loan Document shall affect any right that any party may otherwise have to serve legal process in any other manner permitted by law or to bring any action or proceeding relating to this Agreement or the Notes in the courts of any jurisdictionlaw.
Appears in 1 contract
Samples: 364 Day Revolving Credit Agreement (Mondelez International, Inc.)
Submission to Jurisdiction; Service of Process. Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction of any New York state court or Federal court of the United States District Court of America sitting in the Southern District of New York CityYork, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York state court or, to the extent permitted by law, in such Federal court. Each Borrower (other than PMI) hereby agrees that service of process in any such action or proceeding brought in any such New York state court or in such Federal court may be made upon PMI at 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Secretary, or such other address in the United States as notified process agent appointed pursuant to the Facility Agent from time to time Section 9.11(b) (the “Process Agent”), ) and each Designated Subsidiary hereby irrevocably appoints the Process Agent its authorized agent to accept such service of process, and agrees that the failure of the Process Agent to give any notice of any such service shall not impair or affect the validity of such service or of any judgment rendered in any action or proceeding based thereon. Each Borrower hereby further irrevocably consents to the service of process in any such action or proceeding in any such courts court by the mailing thereof by any parties hereto by registered or certified mail, postage prepaid, to such Borrower Borrower, as applicable, at its address specified pursuant to Section 9.29.02. Each of the parties 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 by law. Nothing in this Agreement shall affect any right that any party may otherwise have to serve legal process in any other manner permitted by law or to bring any action or proceeding relating to this Agreement or the Notes in the courts of any jurisdiction.
Appears in 1 contract
Samples: Revolving Credit Agreement (Kraft Foods Group, Inc.)
Submission to Jurisdiction; Service of Process. Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction of any New York state court or Federal court of the United States of America sitting in New York City, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York state court or, to the extent permitted by law, in such Federal court. Each Borrower (other than PMIPM Companies) hereby agrees that service of process in any such action or proceeding brought in any such New York state court or in such Federal court may be made upon PMI PM Companies at its offices at 000 Xxxx Xxxxxx, Xxx Xxxx, XX Xxx Xxxx 00000, Attention: Secretary, or such other address in the United States as notified to the Facility Agent from time to time Secretary (the “"Process Agent”), ") and each Designated Subsidiary hereby irrevocably appoints the Process Agent its authorized agent to accept such service of process, and agrees that the failure of the Process Agent to give any notice of any such service shall not impair or affect the validity of such service or of any judgment rendered in any action or proceeding based thereon. Each Borrower hereby further irrevocably consents to the service of process in any action or proceeding in such courts by the mailing thereof by any parties hereto by registered or certified mail, postage prepaid, to such Borrower at its address specified pursuant to Section 9.29.02. Each of the parties 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 51 judgment or in any other manner provided by law. Nothing in this Agreement shall affect any right that any party may otherwise have to serve legal process in any other manner permitted by law or to bring any action or proceeding relating to this Agreement or the Notes in the courts of any jurisdiction.
Appears in 1 contract