Common use of Submission to Jurisdiction; Waiver of Service and Venue Clause in Contracts

Submission to Jurisdiction; Waiver of Service and Venue. (A) THE COMPANY CONSENTS AND AGREES TO THE EXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT SITTING IN THE COUNTY OF NEW YORK, STATE OF NEW YORK WITH RESPECT TO ANY ACTION INSTITUTED BY IT THEREIN, AND WAIVES ANY OBJECTION BASED ON VENUE OR FORUM NON CONVENIENS IN CONNECTION WITH ANY SUCH ACTION. (B) THE COMPANY HEREBY WAIVES PERSONAL SERVICE OF ANY AND ALL PROCESS UPON IT AND CONSENTS THAT ALL SUCH SERVICE OF PROCESS MAY BE MADE BY HAND DELIVERY OR BY REGISTERED OR CERTIFIED UNITED STATES MAIL TO THE COMPANY AT ITS ADDRESS SET FORTH IN SECTION 9.5. (C) NOTHING IN THIS SECTION 9.11 SHALL AFFECT THE RIGHT OF THE PURCHASERS TO SERVE LEGAL PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR AFFECT THE RIGHT OF THE PURCHASERS TO BRING ANY ACTION OR PROCEEDING AGAINST THE COMPANY OR ITS PROPERTY IN THE COURTS OF ANY OTHER JURISDICTION.

Submission to Jurisdiction; Waiver of Service and Venue. (Aa) THE COMPANY CONSENTS AND AGREES TO THE EXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT SITTING IN THE COUNTY OF NEW YORK, STATE OF NEW YORK WITH RESPECT TO ANY ACTION INSTITUTED BY IT THEREIN, AND WAIVES ANY OBJECTION BASED ON VENUE OR FORUM NON CONVENIENS IN CONNECTION WITH ANY SUCH ACTION. (Bb) THE COMPANY HEREBY WAIVES PERSONAL SERVICE OF ANY AND ALL PROCESS UPON IT AND CONSENTS THAT ALL SUCH SERVICE OF PROCESS MAY BE MADE BY HAND DELIVERY OR BY REGISTERED OR CERTIFIED UNITED STATES MAIL TO THE COMPANY AT ITS ADDRESS SET FORTH IN SECTION 9.5. (Cc) NOTHING IN THIS SECTION 9.11 SHALL AFFECT THE RIGHT OF THE PURCHASERS TO SERVE LEGAL PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR AFFECT THE RIGHT OF THE PURCHASERS TO BRING ANY ACTION OR PROCEEDING AGAINST THE COMPANY OR ITS PROPERTY IN THE COURTS OF ANY OTHER JURISDICTION.

Submission to Jurisdiction; Waiver of Service and Venue. (Aa) THE COMPANY CONSENTS AND AGREES TO THE NON-EXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT SITTING IN THE COUNTY OF NEW YORK, STATE OF NEW YORK WITH RESPECT TO ANY ACTION INSTITUTED BY IT THEREINYORK, AND WAIVES ANY OBJECTION BASED ON VENUE OR FORUM NON CONVENIENS IN CONNECTION WITH RESPECT TO ANY SUCH ACTIONACTION INSTITUTED THEREIN. (Bb) THE COMPANY HEREBY WAIVES PERSONAL SERVICE OF ANY AND ALL PROCESS UPON IT AND CONSENTS THAT ALL SUCH SERVICE OF PROCESS MAY BE MADE BY HAND DELIVERY OR BY REGISTERED OR CERTIFIED UNITED STATES MAIL TO THE COMPANY AT ITS ADDRESS SET FORTH IN SECTION 9.511.5. A COPY OF ANY SUCH PROCESS SO SERVED SHALL BE MAILED BY REGISTERED OR CERTIFIED UNITED STATES MAIL TO THE COMPANY AT ITS ADDRESS PROVIDED IN SECTION 11.5 EXCEPT THAT UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW, ANY FAILURE TO MAIL SUCH COPY SHALL NOT AFFECT THE VALIDITY OF SERVICE OF PROCESS. (Cc) NOTHING IN THIS SECTION 9.11 11.19 SHALL AFFECT THE RIGHT OF THE PURCHASERS INVESTORS TO SERVE LEGAL PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR AFFECT THE RIGHT OF THE PURCHASERS INVESTORS TO BRING ANY ACTION OR PROCEEDING AGAINST THE COMPANY OR ITS PROPERTY IN THE COURTS OF ANY OTHER JURISDICTION.

Submission to Jurisdiction; Waiver of Service and Venue. (Aa) THE COMPANY ISSUER CONSENTS AND AGREES TO THE EXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT SITTING IN THE COUNTY OF NEW YORK, STATE OF NEW YORK WITH RESPECT TO ANY ACTION INSTITUTED BY IT THEREINYORK, AND WAIVES ANY OBJECTION BASED ON VENUE OR FORUM NON CONVENIENS WITH RESPECT TO ANY ACTION INSTITUTED THEREIN, AND AGREES THAT, EXCEPT UPON THE WRITTEN CONSENT OF THE REQUIRED PURCHASERS, ANY DISPUTE CONCERNING THE RELATIONSHIP BETWEEN PURCHASERS, ON THE ONE HAND, AND THE ISSUER, ON THE OTHER HAND, OR THE CONDUCT OF ANY PARTY IN CONNECTION WITH ANY SUCH ACTIONTHIS AGREEMENT OR OTHERWISE, SHALL BE HEARD ONLY IN THE COURTS DESCRIBED ABOVE. (Bb) THE COMPANY ISSUER HEREBY WAIVES PERSONAL SERVICE OF ANY AND ALL PROCESS UPON IT AND CONSENTS THAT ALL SUCH SERVICE OF PROCESS MAY BE MADE BY HAND DELIVERY OR BY REGISTERED OR CERTIFIED UNITED STATES MAIL A NATIONALLY RECOGNIZED OVERNIGHT COURIER SERVICE TO THE COMPANY AT SUCH ISSUER ITS ADDRESS SET FORTH ABOVE IN SECTION 9.513.4. (C) NOTHING IN THIS SECTION 9.11 SHALL AFFECT THE RIGHT OF THE PURCHASERS TO SERVE LEGAL PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR AFFECT THE RIGHT OF THE PURCHASERS TO BRING ANY ACTION OR PROCEEDING AGAINST THE COMPANY OR ITS PROPERTY IN THE COURTS OF ANY OTHER JURISDICTION.

Submission to Jurisdiction; Waiver of Service and Venue. (Aa) THE COMPANY CONSENTS AND AGREES TO THE NON-EXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT SITTING IN THE COUNTY OF NEW YORK, STATE OF NEW YORK WITH RESPECT TO ANY ACTION INSTITUTED BY IT THEREINYORK, AND WAIVES ANY OBJECTION BASED ON VENUE OR FORUM NON CONVENIENS IN CONNECTION WITH RESPECT TO ANY SUCH ACTIONACTION INSTITUTED THEREIN. (Bb) THE COMPANY HEREBY WAIVES PERSONAL SERVICE OF ANY AND ALL PROCESS UPON IT AND CONSENTS THAT ALL SUCH SERVICE OF PROCESS MAY BE MADE BY HAND DELIVERY OR BY REGISTERED OR CERTIFIED UNITED STATES MAIL TO THE COMPANY AT ITS ADDRESS SET FORTH IN SECTION 9.516.5. (Cc) NOTHING IN THIS SECTION 9.11 16.15 SHALL AFFECT THE RIGHT OF THE PURCHASERS OR THE COLLATERAL AGENT TO SERVE LEGAL PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR AFFECT THE RIGHT OF THE PURCHASERS OR THE COLLATERAL AGENT TO BRING ANY ACTION OR PROCEEDING AGAINST THE COMPANY OR ITS PROPERTY IN THE COURTS OF ANY OTHER JURISDICTION.

Submission to Jurisdiction; Waiver of Service and Venue. (Aa) THE COMPANY CONSENTS AND AGREES TO THE NON-EXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT SITTING IN THE COUNTY OF NEW YORK, STATE OF NEW YORK WITH RESPECT TO ANY ACTION INSTITUTED BY IT THEREINYORK, AND WAIVES ANY OBJECTION BASED ON VENUE OR FORUM NON CONVENIENS IN CONNECTION WITH RESPECT TO ANY SUCH ACTIONACTION INSTITUTED THEREIN. (Bb) THE COMPANY HEREBY WAIVES PERSONAL SERVICE OF ANY AND ALL PROCESS UPON IT AND CONSENTS THAT ALL SUCH SERVICE OF PROCESS MAY BE MADE BY HAND DELIVERY OR BY REGISTERED OR CERTIFIED UNITED STATES MAIL TO THE COMPANY AT ITS ADDRESS SET FORTH IN SECTION 9.513.5. (Cc) NOTHING IN THIS SECTION 9.11 13.12 SHALL AFFECT THE RIGHT OF THE PURCHASERS OR THE COLLATERAL AGENT TO SERVE LEGAL PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR AFFECT THE RIGHT OF THE PURCHASERS OR THE COLLATERAL AGENT TO BRING ANY ACTION OR PROCEEDING AGAINST THE COMPANY OR ITS PROPERTY IN THE COURTS OF ANY OTHER JURISDICTION.