Common use of Submission to Jurisdiction; Venue Clause in Contracts

Submission to Jurisdiction; Venue. THE COMPANY AND EACH SUBSIDIARY GUARANTOR HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY NEW YORK STATE COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK OR ANY FEDERAL COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK IN RESPECT OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS INDENTURE, THE NOTES AND THE NOTE GUARANTEES, AND IRREVOCABLY ACCEPTS FOR ITSELF AND IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, JURISDICTION OF THE AFORESAID COURTS. THE COMPANY AND EACH SUBSIDIARY GUARANTOR IRREVOCABLY WAIVES, TO THE FULLEST EXTENT THAT IT MAY EFFECTIVELY DO SO UNDER APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT AND ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE TRUSTEE OR ANY HOLDER TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE COMPANY OR ANY SUBSIDIARY GUARANTOR IN ANY OTHER JURISDICTION.

Submission to Jurisdiction; Venue. THE COMPANY AND EACH SUBSIDIARY GUARANTOR HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY NEW YORK STATE COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK OR ANY FEDERAL COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK IN RESPECT OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS INDENTURE, THE NOTES AND THE NOTE GUARANTEES, AND IRREVOCABLY ACCEPTS FOR ITSELF AND IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, JURISDICTION OF THE AFORESAID COURTS. THE COMPANY AND EACH SUBSIDIARY GUARANTOR IRREVOCABLY WAIVES, TO THE FULLEST EXTENT THAT IT MAY EFFECTIVELY DO SO UNDER APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT AND ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE TRUSTEE OR ANY HOLDER TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE COMPANY OR ANY SUBSIDIARY GUARANTOR IN ANY OTHER JURISDICTION.

Submission to Jurisdiction; Venue. (a) WITH THE EXCEPTION OF THE RIGHTS OF AACC AND THE COMPANY AND EACH SUBSIDIARY GUARANTOR HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION UNDER SECTION 10 OF THIS AGREEMENT, ANY NEW YORK STATE COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK OR ANY FEDERAL COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK IN RESPECT OF ANY SUIT, LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING WITH RESPECT TO THIS INDENTUREAGREEMENT OR ANY TRANSACTIONS CONTEMPLATED HEREBY SHALL BE BROUGHT IN THE COURTS OF THE STATE OF MICHIGAN OR IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SITTING IN DETROIT, MICHIGAN, AND, BY EXECUTION AND DELIVERY OF THIS AGREEMENT, EACH OF THE NOTES AND THE NOTE GUARANTEES, AND IRREVOCABLY PARTIES HEREBY ACCEPTS FOR HIMSELF OR ITSELF AND IN RESPECT OF HIS OR ITS PROPERTY, PROPERTY GENERALLY AND UNCONDITIONALLY, THE NON-EXCLUSIVE JURISDICTION OF THE AFORESAID COURTS. EACH OF THE COMPANY AND EACH SUBSIDIARY GUARANTOR PARTIES IRREVOCABLY WAIVES, CONSENTS TO THE FULLEST EXTENT THAT IT MAY EFFECTIVELY DO SO UNDER APPLICABLE LAW, SERVICE OF PROCESS OUT OF ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF AFOREMENTIONED COURTS IN ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT BY MAILING COPIES THEREOF BY REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID, TO SUCH PARTY AT HIS OR ITS ADDRESS AS PROVIDED IN ANY SUCH COURT AND ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUMSECTION 18 HEREOF. NOTHING HEREIN IN THIS PARAGRAPH (a) SHALL AFFECT THE RIGHT OF THE TRUSTEE OR ANY HOLDER PARTY TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE COMPANY OR ANY SUBSIDIARY GUARANTOR IN ANY OTHER JURISDICTION.

Submission to Jurisdiction; Venue. THE COMPANY AND EACH SUBSIDIARY GUARANTOR BORROWERS IRREVOCABLY AGREE THAT ALL SUITS, ACTIONS OR OTHER PROCEEDINGS IN ANY WAY, MANNER OR RESPECT, ARISING OUT OF OR FROM OR RELATED TO THIS AGREEMENT, THE NOTES, THE LOAN DOCUMENTS OR ANY OTHER DOCUMENT EXECUTED IN CONNECTION HEREWITH, SHALL BE SUBJECT TO LITIGATION IN COURTS HAVING SITUS WITHIN MAURY COUNTY, TENNESSEE. THE BORROWERS HEREBY IRREVOCABLY SUBMITS CONSENT AND SUBMIT TO THE JURISDICTION OF ANY NEW YORK LOCAL, STATE COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK OR ANY FEDERAL COURT SITTING IN LOCATED WITHIN SAID CITY AND STATE. THE BOROUGH OF MANHATTAN IN BORROWERS HEREBY IRREVOCABLY WAIVE ANY RIGHT THEY MAY HAVE TO TRIAL BY JURY, TO TRANSFER OR CHANGE THE CITY OF NEW YORK IN RESPECT VENUE OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS INDENTURE, THE NOTES AND THE NOTE GUARANTEES, AND IRREVOCABLY ACCEPTS FOR ITSELF AND IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, JURISDICTION OF THE AFORESAID COURTS. THE COMPANY AND EACH SUBSIDIARY GUARANTOR IRREVOCABLY WAIVES, TO THE FULLEST EXTENT THAT IT MAY EFFECTIVELY DO SO UNDER APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR OTHER PROCEEDING BROUGHT AGAINST ANY PARTY IN ANY SUCH COURT AND ANY ACCORDANCE WITH THIS SECTION 11.17, OR TO CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE TRUSTEE OR ANY HOLDER TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE COMPANY OR ANY SUBSIDIARY GUARANTOR IN ANY OTHER JURISDICTION.* * * * * *

Submission to Jurisdiction; Venue. TO INDUCE THE COMPANY LENDERS TO MAKE THE LOANS, AS EVIDENCED BY THE NOTES AND EACH SUBSIDIARY GUARANTOR THIS AGREEMENT, BORROWER IRREVOCABLY AGREES THAT, SUBJECT TO THE LENDER’S SOLE AND ABSOLUTE ELECTION, ALL SUITS, ACTIONS OR OTHER PROCEEDINGS IN ANY WAY, MANNER OR RESPECT, ARISING OUT OF OR FROM OR RELATED TO THIS AGREEMENT, THE NOTES OR ANY DOCUMENT OR INSTRUMENT EXECUTED IN CONNECTION HEREWITH, SHALL BE SUBJECT TO LITIGATION IN COURTS HAVING SITUS WITHIN CHICAGO, ILLINOIS. BORROWER HEREBY IRREVOCABLY CONSENTS AND SUBMITS TO THE JURISDICTION OF ANY NEW YORK LOCAL, STATE COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK OR ANY FEDERAL COURT SITTING IN LOCATED WITHIN CHICAGO, ILLINOIS. BORROWER HEREBY WAIVES ANY RIGHT IT MAY HAVE TO TRANSFER OR CHANGE THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK IN RESPECT VENUE OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS INDENTURE, THE NOTES AND THE NOTE GUARANTEES, AND IRREVOCABLY ACCEPTS FOR ITSELF AND IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, JURISDICTION OF THE AFORESAID COURTS. THE COMPANY AND EACH SUBSIDIARY GUARANTOR IRREVOCABLY WAIVES, TO THE FULLEST EXTENT THAT IT MAY EFFECTIVELY DO SO UNDER APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR OTHER PROCEEDING BROUGHT AGAINST BORROWER BY THE LENDERS IN ANY SUCH COURT AND ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE TRUSTEE OR ANY HOLDER TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE COMPANY OR ANY SUBSIDIARY GUARANTOR IN ANY OTHER JURISDICTIONACCORDANCE WITH THIS SECTION.

Submission to Jurisdiction; Venue. THE COMPANY AND EACH SUBSIDIARY GUARANTOR PARTIES HERETO HEREBY IRREVOCABLY SUBMITS SUBMIT TO THE EXCLUSIVE JURISDICTION OF ANY NEW YORK FEDERAL OR STATE COURT SITTING IN LOCATED WITHIN XXXXXX COUNTY, THE BOROUGH STATE OF MANHATTAN IN THE CITY OF NEW YORK OR TEXAS OVER ANY FEDERAL COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK IN RESPECT OF ANY SUIT, ACTION OR PROCEEDING DISPUTE ARISING OUT OF OR RELATING TO THIS INDENTURE, AGREEMENT OR ANY OF THE NOTES TRANSACTIONS CONTEMPLATED HEREBY AND THE NOTE GUARANTEES, AND EACH PARTY HEREBY IRREVOCABLY ACCEPTS FOR ITSELF AND AGREES THAT ALL CLAIMS IN RESPECT OF ITS PROPERTYSUCH DISPUTE OR ANY SUIT, GENERALLY ACTION OR PROCEEDING RELATED THERETO SHALL BE HEARD AND UNCONDITIONALLY, JURISDICTION OF THE AFORESAID DETERMINED IN SUCH COURTS. THE COMPANY AND EACH SUBSIDIARY GUARANTOR PARTIES HEREBY IRREVOCABLY WAIVESWAIVE, TO THE FULLEST EXTENT THAT IT MAY EFFECTIVELY DO SO UNDER PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT THEY MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION DISPUTE BROUGHT IN SUCH COURT OR PROCEEDING BROUGHT ANY DEFENSE OF INCONVENIENT FORUM FOR THE MAINTENANCE OF SUCH DISPUTE. EACH OF THE PARTIES HERETO AGREES THAT A JUDGMENT IN ANY SUCH COURT AND ANY CLAIM THAT ANY SUCH SUIT, ACTION DISPUTE MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE TRUSTEE OR ANY HOLDER TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED PROVIDED BY LAW OR TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE COMPANY OR ANY SUBSIDIARY GUARANTOR IN ANY OTHER JURISDICTIONLAW.

Submission to Jurisdiction; Venue. THE COMPANY AND EACH SUBSIDIARY GUARANTOR PARTIES HERETO HEREBY IRREVOCABLY SUBMITS SUBMIT TO THE EXCLUSIVE JURISDICTION OF ANY NEW YORK FEDERAL OR STATE COURT SITTING IN LOCATED WITHIN XXXX COUNTY, THE BOROUGH STATE OF MANHATTAN IN THE CITY OF NEW YORK OR ILLINOIS OVER ANY FEDERAL COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK IN RESPECT OF ANY SUIT, ACTION OR PROCEEDING DISPUTE ARISING OUT OF OR RELATING TO THIS INDENTURE, AGREEMENT OR ANY OF THE NOTES TRANSACTIONS CONTEMPLATED HEREBY AND THE NOTE GUARANTEES, AND EACH PARTY HEREBY IRREVOCABLY ACCEPTS FOR ITSELF AND AGREES THAT ALL CLAIMS IN RESPECT OF ITS PROPERTYSUCH DISPUTE OR ANY SUIT, GENERALLY ACTION OR PROCEEDING RELATED THERETO SHALL BE HEARD AND UNCONDITIONALLY, JURISDICTION OF THE AFORESAID DETERMINED IN SUCH COURTS. THE COMPANY AND EACH SUBSIDIARY GUARANTOR PARTIES HEREBY IRREVOCABLY WAIVESWAIVE, TO THE FULLEST EXTENT THAT IT MAY EFFECTIVELY DO SO UNDER PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT THEY MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION DISPUTE BROUGHT IN SUCH COURT OR PROCEEDING BROUGHT ANY DEFENSE OF INCONVENIENT FORUM FOR THE MAINTENANCE OF SUCH DISPUTE. EACH OF THE PARTIES HERETO AGREES THAT A JUDGMENT IN ANY SUCH COURT AND ANY CLAIM THAT ANY SUCH SUIT, ACTION DISPUTE MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE TRUSTEE OR ANY HOLDER TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED PROVIDED BY LAW OR TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE COMPANY OR ANY SUBSIDIARY GUARANTOR IN ANY OTHER JURISDICTIONLAW.

Submission to Jurisdiction; Venue. THE COMPANY EACH OF BORROWER, SERVICER, ADMINISTRATIVE AGENT, AND EACH SUBSIDIARY GUARANTOR LENDER HEREBY IRREVOCABLY SUBMITS (TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW) TO THE NON-EXCLUSIVE JURISDICTION OF ANY NEW YORK GEORGIA STATE COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK XXXXXX COUNTY, GEORGIA, OR ANY FEDERAL COURT SITTING IN THE BOROUGH NORTHERN DISTRICT OF MANHATTAN IN THE CITY OF NEW YORK IN RESPECT OF GEORGIA, OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS INDENTUREAGREEMENT, THE NOTES OTHER LOAN DOCUMENTS, OR ANY RELATED DOCUMENTS AND THE NOTE GUARANTEESBORROWER, SERVICER, ADMINISTRATIVE AGENT, AND EACH LENDER EACH HEREBY IRREVOCABLY ACCEPTS FOR ITSELF AND AGREES THAT ALL CLAIMS IN RESPECT OF ITS PROPERTYSUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH GEORGIA STATE OR FEDERAL COURT. BORROWER, GENERALLY AND UNCONDITIONALLYSERVICER, JURISDICTION OF THE AFORESAID COURTS. THE COMPANY ADMINISTRATIVE AGENT, AND EACH SUBSIDIARY GUARANTOR LENDER EACH HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT THAT IT MAY EFFECTIVELY DO SO UNDER APPLICABLE PERMITTED BY LAW, ANY OBJECTION WHICH IT EACH MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF IN ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT AND AS WELL AS ANY CLAIM THAT RIGHT EACH MAY NOW OR HEREAFTER HAVE, TO REMOVE ANY SUCH SUITACTION OR PROCEEDING, ONCE COMMENCED, TO ANOTHER COURT ON THE GROUNDS OF FORUM NON CONVENIENS OR OTHERWISE. EACH OF SERVICER AND BORROWER IRREVOCABLY CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS IN ANY ACTION OR PROCEEDING BROUGHT BY THE MAILING OR DELIVERY OF COPIES OF SUCH PROCESS TO IT AT THE ADDRESS SET FORTH IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE TRUSTEE OR ANY HOLDER TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE COMPANY OR ANY SUBSIDIARY GUARANTOR IN ANY OTHER JURISDICTIONSECTION 12.4 HEREOF.

Submission to Jurisdiction; Venue. THE COMPANY AND EACH SUBSIDIARY GUARANTOR PARTIES HERETO HEREBY IRREVOCABLY SUBMITS SUBMIT TO THE EXCLUSIVE JURISDICTION OF ANY NEW YORK FEDERAL OR STATE COURT SITTING IN LOCATED WITHIN CXXX COUNTY, THE BOROUGH STATE OF MANHATTAN IN THE CITY OF NEW YORK OR ILLINOIS OVER ANY FEDERAL COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK IN RESPECT OF ANY SUIT, ACTION OR PROCEEDING DISPUTE ARISING OUT OF OR RELATING TO THIS INDENTURE, AGREEMENT OR ANY OF THE NOTES TRANSACTIONS CONTEMPLATED HEREBY AND THE NOTE GUARANTEES, AND EACH PARTY HEREBY IRREVOCABLY ACCEPTS FOR ITSELF AND AGREES THAT ALL CLAIMS IN RESPECT OF ITS PROPERTYSUCH DISPUTE OR ANY SUIT, GENERALLY ACTION OR PROCEEDING RELATED THERETO SHALL BE HEARD AND UNCONDITIONALLY, JURISDICTION OF THE AFORESAID DETERMINED IN SUCH COURTS. THE COMPANY AND EACH SUBSIDIARY GUARANTOR PARTIES HEREBY IRREVOCABLY WAIVESWAIVE, TO THE FULLEST EXTENT THAT IT MAY EFFECTIVELY DO SO UNDER PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT THEY MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION DISPUTE BROUGHT IN SUCH COURT OR PROCEEDING BROUGHT ANY DEFENSE OF INCONVENIENT FORUM FOR THE MAINTENANCE OF SUCH DISPUTE. EACH OF THE PARTIES HERETO AGREES THAT A JUDGMENT IN ANY SUCH COURT AND ANY CLAIM THAT ANY SUCH SUIT, ACTION DISPUTE MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE TRUSTEE OR ANY HOLDER TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED PROVIDED BY LAW OR TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE COMPANY OR ANY SUBSIDIARY GUARANTOR IN ANY OTHER JURISDICTIONLAW.

Submission to Jurisdiction; Venue. (a) UNLESS AND EXCEPT TO THE COMPANY EXTENT OTHERWISE INSTITUTED OR APPROVED BY LENDER, ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT SHALL BE BROUGHT IN THE COURTS OF THE STATE OF GEORGIA IN XXXX COUNTY OR THE STATE OF ALABAMA IN JEFFERSON COUNTY OR OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF GEORGIA OR THE NORTHERN DISTRICT OF ALABAMA, AND, BY EXECUTION AND DELIVERY OF THIS AGREEMENT, EACH BORROWER IRREVOCABLY ACCEPTS FOR ITSELF AND EACH SUBSIDIARY GUARANTOR HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY NEW YORK STATE COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK OR ANY FEDERAL COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK AND IN RESPECT OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS INDENTURE, THE NOTES ITS AND THE NOTE GUARANTEESEACH SUBSIDIARY’S PROPERTY, AND EACH OTHER CREDIT PARTY BY ITS EXECUTION OF THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT IRREVOCABLY ACCEPTS FOR ITSELF AND IN RESPECT OF ITS PROPERTY, IN EACH CASE, GENERALLY AND UNCONDITIONALLY, THE NONEXCLUSIVE JURISDICTION OF SUCH COURTS, AND AGREES TO BE BOUND BY THE AFORESAID COURTSOTHER PROVISIONS SET FORTH IN THIS SECTION 10.18. THE COMPANY AND EACH SUBSIDIARY GUARANTOR BORROWER FURTHER IRREVOCABLY WAIVES, CONSENTS TO THE FULLEST EXTENT THAT IT MAY EFFECTIVELY DO SO UNDER APPLICABLE LAW, SERVICE OF PROCESS OUT OF ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF AFOREMENTIONED COURTS IN ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY BY THE MAILING OF COPIES THEREOF BY REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID, TO IT AT THE ADDRESS SET OUT FOR NOTICES PURSUANT TO SECTION 10.4, SUCH COURT AND ANY CLAIM THAT ANY SERVICE TO BECOME EFFECTIVE FIVE (5) BUSINESS DAYS AFTER THE DATE OF SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUMMAILING. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE TRUSTEE OR ANY HOLDER LENDER TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY APPLICABLE LAW OR TO COMMENCE LEGAL PROCEEDINGS OR TO OTHERWISE PROCEED AGAINST THE COMPANY ANY BORROWER OR ANY SUBSIDIARY GUARANTOR OTHER CREDIT PARTY IN ANY OTHER JURISDICTION.

Submission to Jurisdiction; Venue. THE COMPANY AND EACH SUBSIDIARY GUARANTOR PARTIES HERETO HEREBY IRREVOCABLY SUBMITS SUBMIT TO THE EXCLUSIVE JURISDICTION OF ANY NEW YORK STATE COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK OR ANY FEDERAL COURT SITTING LOCATED IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK IN RESPECT OF WILMINGTON, DELAWARE OVER ANY SUIT, ACTION OR PROCEEDING DISPUTE ARISING OUT OF OR RELATING TO THIS INDENTURE, AGREEMENT OR ANY OF THE NOTES TRANSACTIONS CONTEMPLATED HEREBY AND THE NOTE GUARANTEES, AND EACH PARTY HEREBY IRREVOCABLY ACCEPTS FOR ITSELF AND AGREES THAT ALL CLAIMS IN RESPECT OF ITS PROPERTYSUCH DISPUTE OR ANY SUIT, GENERALLY ACTION OR PROCEEDING RELATED THERETO SHALL BE HEARD AND UNCONDITIONALLY, JURISDICTION OF THE AFORESAID DETERMINED IN SUCH COURTS AND IN NO OTHER COURTS. THE COMPANY AND EACH SUBSIDIARY GUARANTOR PARTIES HEREBY IRREVOCABLY WAIVESWAIVE, TO THE FULLEST EXTENT THAT IT MAY EFFECTIVELY DO SO UNDER PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT THEY MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION DISPUTE BROUGHT IN SUCH COURT OR PROCEEDING BROUGHT ANY DEFENSE OF INCONVENIENT FORUM FOR THE MAINTENANCE OF SUCH DISPUTE. EACH OF THE PARTIES HERETO AGREES THAT A JUDGMENT IN ANY SUCH COURT AND ANY CLAIM THAT ANY SUCH SUIT, ACTION DISPUTE MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE TRUSTEE OR ANY HOLDER TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED PROVIDED BY LAW OR TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE COMPANY OR ANY SUBSIDIARY GUARANTOR IN ANY OTHER JURISDICTIONLAW.

Submission to Jurisdiction; Venue. THE COMPANY AND EACH SUBSIDIARY GUARANTOR PARTIES HERETO HEREBY IRREVOCABLY SUBMITS SUBMIT TO THE EXCLUSIVE JURISDICTION OF ANY NEW YORK Purchase Agreement FEDERAL OR STATE COURT SITTING IN LOCATED WITHIN CXXX COUNTY, THE BOROUGH STATE OF MANHATTAN IN THE CITY OF NEW YORK OR ILLINOIS OVER ANY FEDERAL COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK IN RESPECT OF ANY SUIT, ACTION OR PROCEEDING DISPUTE ARISING OUT OF OR RELATING TO THIS INDENTURE, AGREEMENT OR ANY OF THE NOTES TRANSACTIONS CONTEMPLATED HEREBY AND THE NOTE GUARANTEES, AND EACH PARTY HEREBY IRREVOCABLY ACCEPTS FOR ITSELF AND AGREES THAT ALL CLAIMS IN RESPECT OF ITS PROPERTYSUCH DISPUTE OR ANY SUIT, GENERALLY ACTION OR PROCEEDING RELATED THERETO SHALL BE HEARD AND UNCONDITIONALLY, JURISDICTION OF THE AFORESAID DETERMINED IN SUCH COURTS. THE COMPANY AND EACH SUBSIDIARY GUARANTOR PARTIES HEREBY IRREVOCABLY WAIVESWAIVE, TO THE FULLEST EXTENT THAT IT MAY EFFECTIVELY DO SO UNDER PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT THEY MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION DISPUTE BROUGHT IN SUCH COURT OR PROCEEDING BROUGHT ANY DEFENSE OF INCONVENIENT FORUM FOR THE MAINTENANCE OF SUCH DISPUTE. EACH OF THE PARTIES HERETO AGREES THAT A JUDGMENT IN ANY SUCH COURT AND ANY CLAIM THAT ANY SUCH SUIT, ACTION DISPUTE MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE TRUSTEE OR ANY HOLDER TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED PROVIDED BY LAW OR TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE COMPANY OR ANY SUBSIDIARY GUARANTOR IN ANY OTHER JURISDICTIONLAW.

Submission to Jurisdiction; Venue. EACH PARTY HERETO --------------------------------- IRREVOCABLY CONSENTS AND AGREES THAT ANY LEGAL ACTION, SUIT OR PROCEEDING AGAINST IT WITH RESPECT TO ITS OBLIGATIONS OR LIABILITIES UNDER OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE BROUGHT BY SUCH PARTY ONLY IN THE COMPANY UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS SITTING IN THE CITY OF HOUSTON OR, IN THE EVENT (BUT ONLY IN THE EVENT) SUCH COURT DOES NOT HAVE JURISDICTION OVER SUCH ACTION, SUIT OR PROCEEDING, IN THE COURTS OF THE STATE OF TEXAS SITTING IN THE CITY OF HOUSTON, AND EACH SUBSIDIARY GUARANTOR PARTY HEREBY IRREVOCABLY ACCEPTS AND SUBMITS TO THE JURISDICTION OF EACH OF THE AFORESAID COURTS IN PERSONAM, WITH RESPECT TO ANY NEW YORK STATE COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK OR ANY FEDERAL COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK IN RESPECT OF ANY SUITSUCH ACTION, ACTION SUIT OR PROCEEDING (INCLUDING, ------- WITHOUT LIMITATION, CLAIMS FOR INTERIM RELIEF, COUNTERCLAIMS, ACTIONS WITH MULTIPLE DEFENDANTS AND ACTIONS IN WHICH SUCH PARTY IS IMPLED). EACH PARTY IRREVOCABLY WAIVES ANY RIGHT THAT IT MAY HAVE TO A JURY TRIAL IN ANY LEGAL ACTION, SUIT OR PROCEEDING WITH RESPECT TO, OR ARISING OUT OF OR RELATING TO IN CONNECTION WITH THIS INDENTURE, THE NOTES AND THE NOTE GUARANTEES, AND IRREVOCABLY ACCEPTS FOR ITSELF AND IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, JURISDICTION OF THE AFORESAID COURTS. THE COMPANY AND EACH SUBSIDIARY GUARANTOR IRREVOCABLY WAIVES, TO THE FULLEST EXTENT THAT IT MAY EFFECTIVELY DO SO UNDER APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT AND ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE TRUSTEE OR ANY HOLDER TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE COMPANY OR ANY SUBSIDIARY GUARANTOR IN ANY OTHER JURISDICTIONAGREEMENT.

Submission to Jurisdiction; Venue. IRON MOUNTAIN, THE COMPANY ISSUER AND EACH SUBSIDIARY GUARANTOR HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY NEW YORK STATE COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK OR ANY FEDERAL COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK IN RESPECT OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS INDENTURE, THE NOTES AND THE NOTE GUARANTEES, AND IRREVOCABLY ACCEPTS FOR ITSELF AND IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, JURISDICTION OF THE AFORESAID COURTS. IRON MOUNTAIN, THE COMPANY ISSUER AND EACH SUBSIDIARY GUARANTOR IRREVOCABLY WAIVES, TO THE FULLEST EXTENT THAT IT MAY EFFECTIVELY DO SO UNDER APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT AND ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE TRUSTEE OR ANY HOLDER TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST IRON MOUNTAIN, THE COMPANY ISSUER OR ANY SUBSIDIARY GUARANTOR IN ANY OTHER JURISDICTION.

Submission to Jurisdiction; Venue. Waiver of Right to Jury Trial. THE COMPANY BORROWER IRREVOCABLY AGREES THAT ALL SUITS, ACTIONS OR OTHER PROCEEDINGS IN ANY WAY, MANNER OR RESPECT, ARISING OUT OF OR FROM OR RELATED TO THIS AGREEMENT, THE RESTRUCTURING AGREEMENT (INCLUDING AS AMENDED BY THE PROVISIONS OF THIS AGREEMENT), THE NOTES, THE LOAN DOCUMENTS OR ANY OTHER DOCUMENT EXECUTED IN CONNECTION HEREWITH, SHALL BE SUBJECT TO LITIGATION IN COURTS HAVING SITUS WITHIN CHICAGO, ILLINOIS. THE BORROWER HEREBY CONSENTS AND EACH SUBSIDIARY GUARANTOR HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY NEW YORK LOCAL, STATE COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK OR ANY FEDERAL COURT SITTING IN LOCATED WITHIN SAID CITY AND STATE. THE BOROUGH OF MANHATTAN IN BORROWER HEREBY WAIVES ANY RIGHT IT MAY HAVE TO TRIAL BY JURY, TO TRANSFER OR CHANGE THE CITY OF NEW YORK IN RESPECT VENUE OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS INDENTURE, THE NOTES AND THE NOTE GUARANTEES, AND IRREVOCABLY ACCEPTS FOR ITSELF AND IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, JURISDICTION OF THE AFORESAID COURTS. THE COMPANY AND EACH SUBSIDIARY GUARANTOR IRREVOCABLY WAIVES, TO THE FULLEST EXTENT THAT IT MAY EFFECTIVELY DO SO UNDER APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR OTHER PROCEEDING BROUGHT AGAINST ANY PARTY IN ANY SUCH COURT AND ANY ACCORDANCE WITH THIS SECTION, OR TO CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE TRUSTEE OR ANY HOLDER TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE COMPANY OR ANY SUBSIDIARY GUARANTOR IN ANY OTHER JURISDICTION.* * * * * *