Submission to Jurisdiction; Venue. (a) 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 in respect of its property, generally and unconditionally, the nonexclusive jurisdiction of such courts, and agrees to be bound by the other provisions set forth in this Section 10.18. Each Borrower further irrevocably consents to the service of process out of any of the aforementioned courts in any such action or proceeding 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 service to become effective five (5) days after such mailing. Nothing herein shall affect the right of Lender to serve process in any other manner permitted by law or to commence legal proceedings or to otherwise proceed against any Borrower or any other Credit Party in any other jurisdiction. (b) Each Borrower hereby irrevocably waives any objection which it may now or hereafter have to the laying of venue of any of the aforesaid actions or proceedings arising out of or in connection with this Agreement or any other Loan Document brought in the courts referred to in subsection (a) above and hereby further irrevocably waives and agrees not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum.
Appears in 2 contracts
Samples: Loan and Security Agreement (Dreams Inc), Loan and Security Agreement (Dreams Inc)
Submission to Jurisdiction; Venue. (a) Any legal action or proceeding with respect to this Joinder Agreement or any other Loan Document shall may be brought in the courts of the State of Georgia Ohio in Xxxx County or the State of Alabama in Jefferson County Hxxxxxxx County, or of the United States for the Northern District Southern District, Western Division of Georgia or the Northern District of AlabamaOhio, and, by execution and delivery of this Joinder Agreement, each Borrower the New Subsidiary hereby irrevocably accepts for itself and in respect of its property, generally and unconditionally, the nonexclusive jurisdiction of such courts, and agrees to be bound by the other provisions set forth in this Section 10.18. Each Borrower The New Subsidiary further irrevocably consents to the service of process out of any of the aforementioned courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to it at the address set out forth for notices pursuant to Section 10.48, such service to become effective five (5) days after such mailing. Nothing herein shall affect the right of Lender the Agent to serve process in any other manner permitted by law or to commence legal proceedings or to otherwise proceed against any Borrower or any other Credit Party the New Subsidiary in any other jurisdiction.
(b) Each Borrower The New Subsidiary hereby irrevocably waives any objection which it may now or hereafter have to the laying of venue of any of the aforesaid actions or proceedings arising out of or in connection with this Joinder Agreement or any other Loan Document brought in the courts referred to in subsection (a) above and hereby further irrevocably waives and agrees not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum.
(c) To the extent permitted by law, the New Subsidiary hereby irrevocably waives all right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Joinder Agreement.
Appears in 1 contract
Submission to Jurisdiction; Venue. (a) 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 in respect of its property, generally and unconditionally, the nonexclusive jurisdiction of such courts, and agrees to be bound by the other provisions set forth in this Section 10.18. Each Borrower further irrevocably consents to the service of process out of any of the aforementioned courts in any such action or proceeding 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 service to become effective five (5) three days after such mailing. Nothing herein shall affect the right of Lender to serve process in any other manner permitted by law or to commence legal proceedings or to otherwise proceed against any each Borrower or any other Credit Party in any other jurisdiction.
(b) Each Borrower hereby irrevocably waives any objection which it may now or hereafter have to the laying of venue of any of the aforesaid actions or proceedings arising out of or in connection with this Agreement or any other Loan Document brought in the courts referred to in subsection (a) above and hereby further irrevocably waives and agrees not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum.
Appears in 1 contract
Submission to Jurisdiction; Venue. (a) Any legal action or proceeding with respect to this Joinder Agreement or any other Loan Document shall may be brought in the courts of the State of Georgia Ohio in Xxxx County or the State of Alabama in Jefferson County Hamilton County, or of the United States for the Northern District Southern District, Wxxxxxx Xivision of Georgia or the Northern District of AlabamaOhio, and, by execution and delivery of this Joinder Agreement, each Borrower the New Subsidiary hereby irrevocably accepts for itself and in respect of its property, generally and unconditionally, the nonexclusive jurisdiction of such courts, and agrees to be bound by the other provisions set forth in this Section 10.18. Each Borrower The New Subsidiary further irrevocably consents to the service of process out of any of the aforementioned courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to it at the address set out forth for notices pursuant to Section 10.48, such service to become effective five (5) days after such mailing. Nothing herein shall affect the right of Lender the Agent to serve process in any other manner permitted by law or to commence legal proceedings or to otherwise proceed against any Borrower or any other Credit Party the New Subsidiary in any other jurisdiction.
(b) Each Borrower The New Subsidiary hereby irrevocably waives any objection which it may now or hereafter have to the laying of venue of any of the aforesaid actions or proceedings arising out of or in connection with this Joinder Agreement or any other Loan Document brought in the courts referred to in subsection (a) above and hereby further irrevocably waives and agrees not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum.
(c) To the extent permitted by law, the New Subsidiary hereby irrevocably waives all right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Joinder Agreement.
Appears in 1 contract