Common use of Submission to Jurisdiction; Waiver of Immunity Clause in Contracts

Submission to Jurisdiction; Waiver of Immunity. (a) For purposes of any suit, action or proceeding involving this Agreement or any other Credit Document or any judgment entered by any court in respect of such suit, action or proceeding, each Obligor expressly submits to the non-exclusive jurisdiction of any New York state or U.S. federal court sitting in the Borough of Manhattan, The City of New York, New York, and agrees that any order, process or other paper may be served upon such Obligor within or without such court’s jurisdiction by mailing a copy by registered or certified mail, postage prepaid, to such Obligor at such Obligor’s address for notices provided in this Agreement, such service to become effective 30 days after such mailing. Each Obligor irrevocably waives any objection 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 any other Credit Document brought in any such court and further irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. 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 contained in this Agreement or any other Credit Document shall affect Lender’s right to serve legal process in any manner permitted by Law or to bring any action or proceeding against Borrower or Borrower’s property in the courts of other jurisdictions.

Submission to Jurisdiction; Waiver of Immunity. (a) For purposes of any suit, action or proceeding involving this Agreement, any Control Agreement or any other Credit Document or any judgment entered by any court in respect of such suit, action or proceeding, each Obligor the Borrower expressly submits to the non-exclusive jurisdiction of any New York state or U.S. federal court sitting in the Borough of Manhattan, The City of New York, New York, and agrees that any order, process or other paper may be served upon such Obligor the Borrower within or without such court’s jurisdiction by mailing a copy by registered or certified mail, postage prepaid, to such Obligor the Borrower at such Obligorthe Borrower’s address for notices provided in this Agreement, such service to become effective 30 days after such mailing. Each Obligor The Borrower irrevocably waives any objection it may now or hereafter have to the laying of venue of any suit, action or of proceeding arising out of or relating to this Agreement or any other Credit Document Control Agreement brought in any such court and further irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. 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 Lawlaw. The Borrower hereby irrevocably appoints Persimmon Capital Management, L.P. as its agent to receive, accept and acknowledge for and on its behalf, and in respect of its property, service of any and all legal process, summons, notices and documents that may be served in any such action or proceeding. If for any reason such agent shall cease to be available to act as such, the Borrower agrees to designate a new agent in The City of New York on the same terms and for the purposes of this provision reasonably satisfactory to the Lender. Nothing contained in this Agreement or any other Credit Facility Document shall affect the Lender’s right to serve legal process in any other manner permitted by Law law or to bring any action or proceeding against the Borrower, the Collateral or any other property of the Borrower or Borrower’s property in the courts of other jurisdictions.

Submission to Jurisdiction; Waiver of Immunity. (a) For purposes of any suit, action or proceeding involving this Agreement or any other Credit Facility Document or any judgment entered by any court in respect of such suit, action or proceeding, each Obligor Borrower expressly submits to the non-exclusive jurisdiction of any New York state or U.S. federal court sitting in the Borough of Manhattan, The City of New York, New York, and agrees that any order, process or other paper may be served upon such Obligor Borrower within or without such court’s jurisdiction by mailing a copy by registered or certified mail, postage prepaid, to such Obligor Borrower at such ObligorBorrower’s address for notices provided in this Agreement, such service to become effective 30 days after such mailing. Each Obligor Borrower irrevocably waives any objection 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 any other Credit Facility Document brought in any such court and further irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. 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 Lawlaw. Borrower hereby irrevocably appoints Persimmon Capital Management, L.P. as its agent to receive, accept and acknowledge for and on its behalf, and in respect of its property, service of any and all legal process, summons, notices and documents that may be served in any such action or proceeding. If for any reason such agent shall cease to be available to act as such, Borrower agrees to designate a new agent in The City of New York for the purposes of this provision reasonably satisfactory to Lender. Nothing contained in this Agreement or any other Credit Facility Document shall affect Lender’s right to serve legal process in any other manner permitted by Law law or to bring any action or proceeding against Borrower or Borrower’s property in the courts of other jurisdictions.