SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. EACH DEBTOR HEREBY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF ANY UNITED STATES FEDERAL OR NEW YORK STATE COURT SITTING IN THE CITY OF NEW YORK, BOROUGH OF MANHATTAN IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND EACH DEBTOR HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN ANY SUCH COURT AND IRREVOCABLY WAIVES ANY OBJECTION IT MAY NOW OR HEREAFTER HAVE AS TO THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN SUCH A COURT OR THAT SUCH COURT IS AN INCONVENIENT FORUM. NOTHING HEREIN SHALL LIMIT THE RIGHT OF SECURED PARTY TO BRING PROCEEDINGS AGAINST ANY DEBTOR IN THE COURTS OF ANY OTHER JURISDICTION. ANY JUDICIAL PROCEEDING BY A DEBTOR AGAINST SECURED PARTY OR ANY AFFILIATE THEREOF INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER IN ANY WAY ARISING OUT OF, RELATED TO, OR CONNECTION WITH THIS AGREEMENT SHALL BE BROUGHT ONLY IN A COURT IN NEW YORK, NEW YORK (AND SECURED PARTY HEREBY SUBMITS TO THE JURISDICTION OF SUCH COURT). NOTHING CONTAINED HEREIN SHALL BE DEEMED TO LIMIT IN ANY WAY ANY RIGHT OF SECURED PARTY TO SERVE PROCESS IN ANY MANNER PERMITTED BY LAW.
SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. WAIVER. EACH PARTY HERETO AGREES THAT SECTIONS 13.09(b), 13.09(c), 13.09(d), AND 13.09(e) OF THE CREDIT AGREEMENT SHALL APPLY TO THIS AMENDMENT MUTATIS MUTANDIS.
SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. (a) Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the exclusive jurisdiction of the Supreme Court of the State of New York sitting in New York County and of the United States District Court of the Southern District of New York sitting in New York County, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or any other Loan Document, or for recognition or enforcement of any judgment, and whether based on contract, tort or any other theory and whether at law or in equity, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding shall be heard and determined in such New York State court or, to the extent permitted by law, in such Federal court. 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 in any other Loan Document shall affect any right that any Secured Party may otherwise have to bring any action or proceeding to enforce any award or judgment or exercise any rights under this Agreement or the other Security Documents against any Collateral in any other forum in which Collateral is located or relating to this Agreement or any other Loan Document against any Grantor or its properties in the courts of any jurisdiction.
SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. Subsections (b), (c) and (d) of Section 11.18 of the Loan Agreement are hereby incorporated by reference herein, mutatis mutandis, and shall have the same force and effect as if originally set forth herein.
SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. Each debtor hereby irrevocably submits to the exclusive jurisdiction of any united states federal or New York state court sitting in New York County, New York, in any action or proceeding arising out of or relating to this agreement and each Debtor hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in any such court and irrevocably waives any objection it may now or hereafter have as to the venue of any such suit, action or proceeding brought in such a court or that such court is an inconvenient forum. Nothing herein shall limit the right of a Secured Party to bring proceedings against any Debtor in the courts of any other jurisdiction. Any judicial proceeding by a Debtor against a Secured Party any affiliate thereof involving, directly or indirectly, any matter in any way arising out of, related to, or connection with this Agreement shall be brought only in a court in New York County, New York (and each Secured Party hereby submits to the jurisdiction of such court). Each Debtor hereto hereby irrevocably waives personal service of process and consents to process being served in any such action or proceeding by mailing by registered or certified mail a copy thereof to such Debtor at the address for notices to it in accordance with section 5.3 of this Agreement and agrees that such notice shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right of a Secured Party to serve process in any manner permitted by law.
SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. WAIVER OF JURY TRIAL.
SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. Borrower, on behalf of itself and each Borrower Subsidiary (a) hereby irrevocably submits to the jurisdiction of any Illinois State or Federal court sitting in Chicago, Illinois over any action or proceeding arising out of or relating to this Agreement or the Related Documents, and Borrower hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in such Illinois State or Federal court and (b) agrees not to institute any legal
SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. Each of Siderar and Basilea hereby irrevocably and unconditionally submits, for itself and its property, to the jurisdiction of any New York State court or federal court of the United States sitting in New York City, and any appellate court from any thereof and to the courts of its own corporate domicile in respect of any actions brought against it as a defendant, in any action or proceeding arising out of or relating to this Letter Agreement, or for recognition or enforcement of any judgment, and each of Siderar and Basilea 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 Siderar and Basilea 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. Each of Siderar and Basilea hereby irrevocably appoints CT Corporation System (the “Process Agent”), with an office on the date hereof at 000 Xxxxxx Xxxxxx, 13th Floor, New York, New York 10011, United States of America, as its agent to receive on behalf of each of Siderar and Basilea and its property service of copies of the summons and complaint and any other process which may be served in any such action or proceeding. Such service may be made by mailing or delivering a copy of such process to each of Siderar and Basilea in care of the Process Agent at the Process Agent’s above address, and each of Siderar and Basilea hereby irrevocably authorizes and directs the Process Agent to accept such service on its behalf. As an alternative method of service, each of Siderar and Basilea irrevocably consents to the service of any and all process in any such action or proceeding by the mailing of copies of such process to each of Siderar and Basilea at its respective address specified on the signature page hereto or otherwise specified in accordance with the notice provision above. Each of Siderar and Basilea irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Letter Agreement in any New York State or federal court. Each of Siderar and Basilea hereby irrevocably waives, to the fullest extent permitted by law, the defense of ...
SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. Sections 11.09(b), (c) and (d) of the Credit Agreement are hereby incorporated by reference mutatis mutandis. 1225182.03-CHISR02A - MSW
SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. 102 Section 11.23 Waiver of Jury Trial 103 Section 11.24 USA PATRIOT Act 104 Section 11.25 Confidentiality 104 TABLE OF CONTENTS (continued) Page
