Common use of SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS Clause in Contracts

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. (b) Each of the parties hereto hereby 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 Agreement or any other Loan Document in any court referred to in paragraph (a) of this Section. Each of the parties hereto hereby agrees that Sections 5-1401 and 5-1402 of the General Obligations Law of the State of New York shall apply to the Loan Documents and irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court. (c) Each party to this Agreement irrevocably consents, to the fullest extent it may legally and effectively do so, to service of process in the manner provided for notices in Section 9.01 of the Credit Agreement. Nothing in any Loan Document will affect the right of any party to this Agreement to serve process in any other manner permitted by law.

Appears in 1 contract

Samples: Term Loan Pledge Agreement

AutoNDA by SimpleDocs

SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. (a) Each of the parties hereto hereby Grantor irrevocably and unconditionally submitsagrees that it will not commence any action, for itself and its propertylitigation or proceeding of any kind or description, whether in law or equity, whether in contract or in tort or otherwise, against any Secured Party or any Related Party of a Secured Party in any way relating to this Security Agreement or any other Credit Document or the exclusive jurisdiction of transactions relating hereto or thereto, in any forum other than the Supreme Court courts of the State of New York sitting in New York County County, and of the United States District Court of the Southern District of New York sitting in New York CountyYork, 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 submits to the jurisdiction of such courts and agrees that all claims in respect of any such action action, litigation or proceeding shall may be heard and determined in such New York State court or, to the fullest extent permitted by lawLegal Requirement, in such Federal federal court. Each of the parties hereto agrees that a final judgment in any such action action, litigation 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 Security Agreement or in any other Loan Credit 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 Security Agreement or any other Loan Credit Document against any Grantor or its properties in the courts of any jurisdiction. (b) . Each of the parties party hereto hereby irrevocably and unconditionally waiveswaives any objection, including any objection to the fullest extent it may legally and effectively do solaying of venue or based on the grounds of forum non conveniens, any objection that which it may now or hereafter have to the laying of venue bringing of any suit, action or proceeding arising out in such jurisdiction in respect of or relating to this Security Agreement or any other Loan Credit Document or other document related thereto. (b) Each Grantor irrevocably consents to the service of any and all process in any court referred to in paragraph (a) of this Section. Each of the parties hereto hereby agrees that Sections 5-1401 and 5-1402 of the General Obligations Law of the State of New York shall apply to the Loan Documents and irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding by the mailing of copies of such process to it at the address specified for it in any such courtthis Security Agreement. (c) Each party to this Agreement irrevocably consents, to the fullest extent it may legally and effectively do so, to service of process in the manner provided for notices in Section 9.01 of the Credit Agreement. Nothing in any Loan Document will this Section 7.14 shall affect the right of any party to this Agreement Secured Party to serve legal process in any other manner permitted by lawlaw or affect the right of any Secured Party to bring any action or proceeding against any Grantor in the courts of any other jurisdiction.

Appears in 1 contract

Samples: Pledge and Security Agreement (NOW Inc.)

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. (b) Each of the parties hereto hereby 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 Agreement or any other Loan Document in any court referred to in paragraph (a) of this Section. Each of the parties hereto hereby agrees that Sections 5-1401 and 5-1402 of the General Obligations Law of the State of New York shall apply to the Loan Documents and irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court. (c) Each party to this Agreement irrevocably consents, to the fullest extent it may legally and effectively do so, to service of process in the manner provided for notices in Section 9.01 of the Credit Agreement. Nothing in any Loan Document will affect the right of any party to this Agreement to serve process in any other manner permitted by law.

Appears in 1 contract

Samples: Term Loan Security Agreement

SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. (a) Each of the parties hereto hereby New Grantor irrevocably and unconditionally submitsagrees that it will not commence any action, for itself and its propertylitigation or proceeding of any kind or description, whether in law or equity, whether in contract or in tort or otherwise, against any Secured Party or any Related Party of a Secured Party in any way relating to this Supplement, the exclusive jurisdiction of Security Agreement or any other Credit Document or the Supreme Court transactions relating hereto or thereto, in any forum other than the courts of the State of New York sitting in New York County County, and of the United States District Court of the Southern District of New York sitting in New York CountyYork, 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 submits to the jurisdiction of such courts and agrees that all claims in respect of any such action action, litigation or proceeding shall may be heard and determined in such New York State court or, to the fullest extent permitted by lawLegal Requirement, in such Federal federal court. Each of the parties hereto agrees that a final judgment in any such action action, litigation 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 Supplement, the Security Agreement or in any other Loan Credit 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 Supplement, the Security Agreement or any other Loan Credit Document against any New Grantor or its properties in the courts of any jurisdiction. (b) . Each of the parties party hereto hereby irrevocably and unconditionally waiveswaives any objection, including any objection to the fullest extent it may legally and effectively do solaying of venue or based on the grounds of forum non conveniens, any objection that which it may now or hereafter have to the laying of venue bringing of any suit, action or proceeding arising out in such jurisdiction in respect of or relating to this Supplement, the Security Agreement or any other Loan Credit Document or other document related thereto. (b) New Grantor irrevocably consents to the service of any and all process in any court referred to in paragraph (a) of this Section. Each of the parties hereto hereby agrees that Sections 5-1401 and 5-1402 of the General Obligations Law of the State of New York shall apply to the Loan Documents and irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any by the mailing of copies of such courtprocess to it at the address specified on its signature page below. (c) Each party to this Agreement irrevocably consents, to the fullest extent it may legally and effectively do so, to service of process in the manner provided for notices in Section 9.01 of the Credit Agreement. Nothing in any Loan Document will this Section 11 shall affect the right of any party to this Agreement Secured Party to serve legal process in any other manner permitted by lawlaw or affect the right of any Secured Party to bring any action or proceeding against New Grantor in the courts of any other jurisdiction.

Appears in 1 contract

Samples: Pledge and Security Agreement (NOW Inc.)

SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. (a) Each of the parties hereto Siderar and Basilea hereby irrevocably and unconditionally submits, for itself and its property, to the exclusive jurisdiction of the Supreme Court any New York State court or federal court of the State of New York United States sitting in New York County and of the United States District Court of the Southern District of New York sitting in New York CountyCity, and any appellate court from any thereofthereof 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 Agreement or any other Loan DocumentLetter Agreement, 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 Siderar and Basilea hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding shall may be heard and determined in any such New York State court or, to the extent permitted by law, in such Federal federal court. Each of the parties hereto 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. Nothing in this Agreement or 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 other Loan Document shall affect 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 right that and all process in any Secured Party may otherwise have to bring any such action or proceeding by the mailing of copies of such process to enforce any award each of Siderar and Basilea at its respective address specified on the signature page hereto or judgment or exercise any rights under this Agreement or otherwise specified in accordance with 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. (b) notice provision above. Each of the parties hereto hereby 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 or any other Loan Document in any court referred to in paragraph (a) of this SectionNew York State or federal court. Each of the parties hereto Siderar and Basilea hereby agrees that Sections 5-1401 and 5-1402 of the General Obligations Law of the State of New York shall apply to the Loan Documents and irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court. . To the extent that either of Siderar and Basilea has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (cwhether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) Each party with respect to itself or its property, each of Siderar and Basilea hereby irrevocably and unconditionally waives such immunity in respect of its obligations under this Letter Agreement irrevocably consentsand, to without limiting the generality of the foregoing, agrees that the waivers set forth in this paragraph shall have the fullest extent it may legally and effectively do so, to service scope permitted under the Foreign Sovereign Immunities Act of process in the manner provided for notices in Section 9.01 1976 of the Credit AgreementUnited States and are intended to be irrevocable for purposes of such Act. Nothing in any Loan Document will this Letter Agreement shall affect the right of any party to this Agreement a Secured Party to serve legal process in any other manner permitted by lawlaw or affect the right of a Secured Party to bring any action or proceeding against Siderar, the Borrower or the Basilea or any of their respective property in the courts of other jurisdictions, including, without limitation, the courts sitting in the Republic of Argentina.

Appears in 1 contract

Samples: Credit Agreement (Ternium S.A.)

AutoNDA by SimpleDocs

SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. (a) Each of The Parent and the parties hereto hereby Borrower each irrevocably and unconditionally submits, for itself and its property, to the exclusive nonexclusive jurisdiction of the courts 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 CountyYork, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or any other Loan Credit 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 may be heard and determined in such New York State state court or, to the fullest extent permitted by applicable law, in such Federal 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 Credit Document shall affect any right that any Secured Party the Lender 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 Credit Document against the Parent, the Borrower or any Grantor other Credit Party or its properties in the courts of any jurisdiction. (b) Each of the parties hereto hereby Parent and the Borrower irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do sopermitted by applicable law, 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 Agreement or any other Loan Credit Document in any court referred to in paragraph (a) of this SectionSection 5.14(a). Each of the parties hereto hereby agrees that Sections 5-1401 and 5-1402 of the General Obligations Law of the State of New York shall apply to the Loan Documents and irrevocably waives, to the fullest extent permitted by applicable law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court. (c) Each party to this Agreement hereto irrevocably consents, to the fullest extent it may legally and effectively do so, consents to service of process in the manner provided for notices in Section 9.01 of the Credit Agreement5.3. Nothing in any Loan Document this Agreement will affect the right of any party to this Agreement hereto to serve process in any other manner permitted by applicable law.

Appears in 1 contract

Samples: Credit Agreement (Jackson Hewitt Tax Service Inc)

SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. (a) Each of the parties party hereto hereby irrevocably and unconditionally submits, for itself and its property, to the exclusive nonexclusive jurisdiction of the Supreme Court courts 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 may be heard and determined in such New York State court or, to the fullest extent permitted by lawapplicable 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. (b) Each of the parties party hereto hereby irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do sopermitted by applicable Law, 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 Agreement or any other Loan Document in any court referred to in paragraph (a) of this Section. Each of the parties party hereto hereby agrees that Sections 5-1401 and 5-1402 of the General Obligations Law of the State of New York shall apply to the Loan Documents and irrevocably waives, to the fullest extent permitted by lawapplicable Law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court. (c) Each party hereto consents to process being served in any action or proceeding of the nature referred to in paragraph (a) of this Agreement irrevocably consentsSection by mailing a copy thereof by registered or certified mail to such party hereto at its address set forth in Section 5.1. Each party hereto agrees that such service of process (i) shall be deemed in every respect effective and binding service of process upon such party hereto in any such action or proceeding and (ii) shall, to the fullest extent it may legally permitted by Law, be taken and effectively do so, held to be valid personal service of process in the manner provided for notices in Section 9.01 of the Credit Agreementupon and personal delivery to such party hereto. Nothing in any Loan Document will herein shall affect the right of any party to this Agreement hereto to serve process in any other manner permitted by lawlaw or shall limit the right of the parties hereto to bring proceedings against any party hereto in the courts of any other jurisdiction.

Appears in 1 contract

Samples: Pledge Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!