Submission To Jurisdiction; Waivers. Each party hereto hereby irrevocably and unconditionally: (a) submits for itself and its Property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof; (b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to its address set forth in Section 9.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto; (d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and (e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 4 contracts
Samples: Credit Agreement (New Media Investment Group Inc.), Credit Agreement (New Media Investment Group Inc.), Credit Agreement (New Media Investment Group Inc.)
Submission To Jurisdiction; Waivers. Each party hereto Guarantor hereby irrevocably and unconditionally:
(a) submits for itself and its Property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non exclusive general jurisdiction of the courts Courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Guarantor at its address set forth referred to in Section 9.2 5.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 4 contracts
Samples: Revolving Credit and Term Loan Agreement (MPT Operating Partnership, L.P.), Revolving Credit and Term Loan Agreement (MPT Operating Partnership, L.P.), Term Loan Agreement (MPT Operating Partnership, L.P.)
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Borrower at its address set forth in Section 9.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) agrees that it shall not assert, and hereby waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section or in Section 9.5 any special, exemplary, indirect, punitive or consequential damages.
Appears in 4 contracts
Samples: Credit Agreement (B&G Foods, Inc.), Credit Agreement (B&G Foods, Inc.), Credit Agreement (B&G Foods, Inc.)
Submission To Jurisdiction; Waivers. Each party hereto hereby irrevocably and unconditionally:
(a) submits for itself and its Property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to it at its address set forth in Section 9.2 10.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;; and
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 4 contracts
Samples: Credit Agreement (Engility Holdings, Inc.), Credit Agreement (Engility Holdings, Inc.), First Lien Credit Agreement (Engility Holdings, Inc.)
Submission To Jurisdiction; Waivers. Each party hereto to this Agreement hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding arising out of or relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, York and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such party at its address set forth in accordance with Section 9.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto10.2;
(d) consents to the service of process in the manner provided for notices in Section 10.2 and agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section 10.12 any special, exemplary, punitive or consequential damages.
Appears in 4 contracts
Samples: Amendment and Restatement Agreement (William Lyon Homes), Credit Agreement (William Lyon Homes), Bridge Loan Agreement (William Lyon Homes)
Submission To Jurisdiction; Waivers. Each party hereto The Borrower, by its acceptance of the benefits hereunder, hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may shall be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to its address set forth in Section 9.2 or at such other address of which the Administrative Agent Secured Party shall have been notified pursuant theretoto Section 6.01;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law law;
(e) agrees that a final judgment in any such action or proceeding shall limit the right to xxx be conclusive and may be enforced in any other jurisdictionjurisdiction by suit or by judgment or in any other manner provided by law; and
(ef) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, indirect exemplary, punitive or consequential damagesdamages of any kind whatsoever (including for lost profits).
Appears in 3 contracts
Samples: Security Agreement, Security Agreement, Security Agreement
Submission To Jurisdiction; Waivers. Each party hereto hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to it at its address set forth in Section 9.2 10.1 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx sxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 3 contracts
Samples: Credit and Guarantee Agreement (General Communication Inc), Credit and Guarantee Agreement (General Communication Inc), Credit and Guarantee Agreement (Gci Inc)
Submission To Jurisdiction; Waivers. Each party hereto hereby irrevocably and unconditionally:
(ai) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a partyAgreement, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(bii) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(ciii) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Grantor at its address set forth referred to in Section 9.2 4.1 or at such other address of which the Note Collateral Agent and the Bank Administrative Agent shall have been notified pursuant thereto;
(div) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(ev) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 3 contracts
Samples: Intercreditor Agreement (Cellu Tissue Holdings, Inc.), Intercreditor Agreement (Cellu Tissue Holdings, Inc.), Intercreditor Agreement (Cellu Tissue Holdings, Inc.)
Submission To Jurisdiction; Waivers. Each party hereto The Pledgor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Pledge Agreement and the or any other Loan Documents to which it is a partyDocument, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts Courts of the State of New York, the courts of the United States of America for the Southern District of New York, York and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Pledgor at its address set forth referred to in Section 9.2 15 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section 23 any special, exemplary, punitive or consequential damages.
Appears in 3 contracts
Samples: Credit Agreement (Unisource Energy Corp), Pledge Agreement (Unisource Energy Corp), Pledge Agreement (Tucson Electric Power Co)
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to it at its address set forth in Section 9.2 10.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 3 contracts
Samples: Credit Agreement (Rent a Center Inc De), Credit Agreement (Rent a Center Inc De), Credit Agreement (Rent a Center Inc De)
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Borrower at its address set forth in Section 9.2 11.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 3 contracts
Samples: Credit Agreement (World Wrestling Entertainmentinc), Credit Agreement (World Wrestling Entertainmentinc), Credit Agreement (World Wrestling Entertainmentinc)
Submission To Jurisdiction; Waivers. Each party hereto The Guarantor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a partyGuaranty, or for the recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts Courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the samecourt;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Guarantor at its address as set forth in Section 9.2 10.5 of the Pooling Agreement or under its name on the signature page thereof, or at such other address of which the Administrative Agent Company shall have been notified pursuant theretothereof;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx sxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section section any special, exemplary, punitive or consequential damages.
Appears in 3 contracts
Samples: Performance Guaranty (Specialty Foods Corp), Performance Guaranty (Specialty Foods Acquisition Corp), Performance Guaranty (Specialty Foods Acquisition Corp)
Submission To Jurisdiction; Waivers. Each party hereto The Company hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a partyAgreement, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New YorkYork sitting in New York County, the courts of the United States of America for the Southern District of New YorkYork sitting in New York County, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Company, as the case may be at its address set forth in Section 9.2 12.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx sue in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 3 contracts
Samples: Credit Agreement (Lazard, Inc.), Credit Agreement (Lazard Group LLC), Credit Agreement (Lazard LTD)
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Borrower at its address set forth in Section 9.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 3 contracts
Samples: Credit Agreement (Calpine Corp), Bridge Loan Agreement (Calpine Corp), Credit Agreement (Calpine Corp)
Submission To Jurisdiction; Waivers. Each party hereto Grantor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non exclusive general jurisdiction of the courts Courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Grantor at its address set forth referred to in Section 9.2 8.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 3 contracts
Samples: Revolving Credit and Term Loan Agreement (Medical Properties Trust Inc), Guarantee and Collateral Agreement (Six Flags, Inc.), Revolving Credit and Term Loan Agreement (Medical Properties Trust Inc)
Submission To Jurisdiction; Waivers. Each party hereto of the Borrowers hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and or the other Loan Documents to which it is a partyNotes, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts Courts of the State Commonwealth of New YorkPennsylvania, the courts of the United States of America for the Southern Eastern District of New YorkPennsylvania, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Company at its address set forth in Section 9.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) without limiting the provisions of Section 9.5 hereof, waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 3 contracts
Samples: Credit Agreement (West Pharmaceutical Services Inc), Credit Agreement (West Pharmaceutical Services Inc), Credit Agreement (West Pharmaceutical Services Inc)
Submission To Jurisdiction; Waivers. Each party hereto Guarantor hereby irrevocably and unconditionally:
(a) submits Submits for itself the Guarantor and its Property the Guarantor’s property in any legal action or proceeding relating to this Agreement Guaranty and the other Loan Program Documents to which it the Guarantor is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents Consents that any such action or proceeding may be brought in such courts and waives any objection that it the Guarantor may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees Agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to its the Guarantor at Guarantor’s address set forth in Section 9.2 under Guarantor’s signature below or at such other address of which the Administrative Agent Buyer shall have been notified pursuant thereto;notified; and
(d) agrees Agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 3 contracts
Samples: Guaranty Agreement (ZAIS Financial Corp.), Guaranty Agreement (PennyMac Mortgage Investment Trust), Guaranty Agreement (PennyMac Mortgage Investment Trust)
Submission To Jurisdiction; Waivers. Each party hereto of the Lender and the Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the federal and state courts of the State Borough of Manhattan, The City of New York, the courts of the United States of America for the Southern District of New York, York and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Borrower or the Lender at its address set forth in Section 9.2 8.2 or at such other address of which the Administrative Agent Lender or the Borrower, as the case may be, shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(ed) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 3 contracts
Samples: First Lien Credit Agreement (Chrysler Group LLC), First Lien Credit Agreement (Chrysler Group LLC), First Lien Credit Agreement
Submission To Jurisdiction; Waivers. Each party hereto Guarantor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement Guarantee and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to its address set forth in accordance with Section 9.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;5; and
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right of any Guaranteed Party to xxx or bring an enforcement action relating to this Guarantee or any other Loan Document, including any such action or proceeding in connection with the exercise of remedies with respect to the Collateral, in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 3 contracts
Samples: Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.)
Submission To Jurisdiction; Waivers. Each party hereto (A) The Company hereby irrevocably and unconditionally:
(ai) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a partyAgreement, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts Courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(bii) consents that any such action or proceeding may be brought in such courts courts, and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(ciii) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Company at its address set forth in Section subsection 9.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;; and
(div) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and.
(eB) waives, to The Company and the maximum extent not prohibited Administrative Agent and each Lender hereby irrevocably and unconditionally waive trial by law, any right it may have to claim or recover jury in any legal action or proceeding referred relating to in this Section Agreement and for any special, exemplary, punitive or consequential damagescounterclaim therein.
Appears in 2 contracts
Samples: 364 Day Amended and Restated Credit Agreement (Dow Jones & Co Inc), 364 Day Amended and Restated Credit Agreement (Dow Jones & Co Inc)
Submission To Jurisdiction; Waivers. Each party hereto Grantor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the Southern District of the State of New York, York in the courts Borough of the United States of America for the Southern District of New YorkManhattan, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Grantor at its address set forth referred to in Section 9.2 8.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section 8.12 any special, exemplary, punitive or consequential damages.. Guarantee & Collateral Agreement 33
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Monotype Imaging Holdings Inc.), Senior Secured Credit Agreement (Monotype Imaging Holdings Inc.)
Submission To Jurisdiction; Waivers. Each party hereto The Grantor hereby irrevocably and unconditionally:
unconditionally (ai) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the any other Loan Documents security instruments contemplated hereby to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New YorkOntario, and appellate courts from any thereof;
; (bii) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
; (ciii) agrees that that, subject to compliance with Requirements of Law, service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to its address set forth in Section 9.2 the Grantor as provided herein or at such other address of which the Administrative Agent Studios and the Collateral Trustee shall have been notified pursuant thereto;
; (div) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
and (ev) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section paragraph any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Collateral Trust Agreement (Blockbuster Inc), Collateral Trust Agreement (Blockbuster Inc)
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a partyAgreement, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected in accordance with the local rules of civil procedure or by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Borrower at its address set forth in Section 9.2 12.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section 12.14 any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Revolving Credit Agreement (ITC Holdings Corp.), Revolving Credit Agreement (ITC Holdings Corp.)
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Borrower at its address set forth in Section 9.2 10.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Credit Agreement (Virgin Mobile USA, Inc.), Credit Agreement (Virgin Mobile USA, Inc.)
Submission To Jurisdiction; Waivers. Each party hereto Grantor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Grantor at its address set forth referred to in Section 9.2 8.2 or at such other address of which the Administrative Agent Collateral Trustee shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: First Lien Guarantee and Collateral Agreement (Carmike Cinemas Inc), First Lien Guarantee and Collateral Agreement (Carmike Cinemas Inc)
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby ----------------------------------- irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and Agreement, the Note or the other Loan Documents to which it is a partyDocuments, or for recognition and enforcement of any judgment in respect thereof, to the non- exclusive general jurisdiction of the courts Courts of the State of New YorkDelaware, the courts of the United States of America for the Southern District of New YorkDelaware, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to its the Borrower at the address set forth in Section 9.2 8.2 or at such other address of which the Administrative Agent Bank shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section subsection any special, exemplary, exemplary or punitive or consequential damages.
Appears in 2 contracts
Samples: Credit Agreement (Dover Downs Gaming & Entertainment Inc), Credit Agreement (Dover Downs Entertainment Inc)
Submission To Jurisdiction; Waivers. Each party hereto of the Borrower and the Company, on behalf of itself and the Guarantors, the Administrative Agent, the Letter of Credit Issuers and the Lenders hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New YorkYork in New York County, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to its address set forth in Section 9.2 12.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right of the Administrative Agent or any Letter of Credit Issuer or Lender to xxx or bring an enforcement action relating to this Agreement or any other Loan Document in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover agrees that a final judgment in any legal such action or proceeding referred to shall be conclusive and may be enforced in this Section other jurisdictions by suit on the judgment or in any special, exemplary, punitive or consequential damagesother manner provided by law.
Appears in 2 contracts
Samples: Credit Agreement (Americold Realty Trust), Credit Agreement (Americold Realty Trust)
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby irrevocably and unconditionally:
(ai) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the state or federal courts of the State of New Yorklocated in Chicago, the courts of the United States of America for the Southern District of New York, Illinois and appellate courts from any thereof;
(bii) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(ciii) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to its the Borrower, as the case may be, at the address set forth specified in Section 9.2 13.1, or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(div) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in sue xx any other jurisdiction; and
(ev) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section subsection any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Arvinmeritor Inc), 364 Day Credit Agreement (Arvinmeritor Inc)
Submission To Jurisdiction; Waivers. Each party hereto The Borrower and each Trustee hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a partyAgreement, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts Courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such party at its address set forth in Section 9.2 on the signature pages hereof or at such other address of which the Administrative Agent parties hereto shall have been notified pursuant thereto;hereto; and
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Trust Agreement (Sprint Spectrum Finance Corp), Trust Agreement (Sprint Spectrum Finance Corp)
Submission To Jurisdiction; Waivers. Each party hereto Grantor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non exclusive general jurisdiction of the courts of the State of New YorkCalifornia, the courts of the United States of America for the Southern Northern District of New YorkCalifornia, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Grantor at its address set forth referred to in Section 9.2 8.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Netlogic Microsystems Inc), Bvi Guarantee and Collateral Agreement (Netlogic Microsystems Inc)
Submission To Jurisdiction; Waivers. Each party hereto The Guarantor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a partyGuarantee, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter thereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to it at its address set forth in Section 9.2 below its signature hereto or at such other address of which the Administrative Managing Facility Agent shall have been notified pursuant theretohereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section subsection any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, Promissory Note or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Borrower, at its address set forth in Section 9.2 the 4G MVNO Agreement, or at such other address of which the Administrative Agent Lender shall have been notified pursuant thereto;by the Borrower in writing; and
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Commitment Agreement, Commitment Agreement (Clearwire Corp /DE)
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding to which the Bank is a party relating to this Agreement and the other Loan Borrower Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general personal jurisdiction of the courts of in the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereofConnecticut;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Borrower at its address set forth in Section 9.2 9.02 or at such other address of which the Administrative Agent Bank shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section subsection any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Reimbursement and Credit Agreement (Connecticut Water Service Inc / Ct), Reimbursement and Credit Agreement (Connecticut Water Service Inc / Ct)
Submission To Jurisdiction; Waivers. Each party Subject to the prior exhaustion of the escalation procedures set forth in Section 5.10 and to the fullest extent permitted by applicable Law, each Party hereto hereby irrevocably and unconditionally:
(ai) submits for itself and its Property in agrees that any legal claim, action or proceeding by such party seeking any relief whatsoever arising out of, relating to or in connection with, this Agreement and or the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment transactions contemplated hereby shall be brought only in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America District Court for the Southern District of New YorkYork or any New York State court, in each case, located in the Borough of Manhattan and appellate courts from not in any thereof;
other State or Federal court in the United States of America or any court in any other country, (bii) consents that any such action or proceeding may be brought in agrees to submit to the exclusive jurisdiction of such courts located in the Borough of Manhattan for purposes of all legal proceedings arising out of, or in connection with, this Agreement or the transactions contemplated hereby, (iii) waives and waives agrees not to assert any objection that it may now or hereafter have to the laying of the venue of any such action brought in such a court or any claim that any such action brought in such a court has been brought in an inconvenient forum, (iv) agrees that mailing of process or other papers in connection with any such action or proceeding in the manner provided in Section 8.1 or any such court or that such action or proceeding was brought in an inconvenient court other manner as may be permitted by Law shall be valid and agrees not to plead or claim the same;
sufficient service thereof and (cv) agrees that service of process a final judgment in any such action or proceeding shall be conclusive and may be effected enforced in other jurisdictions by mailing a copy thereof by registered suit on the judgment or certified mail (or any substantially similar form of mail), postage prepaid, to its address set forth in Section 9.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted provided by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damagesapplicable Law.
Appears in 2 contracts
Samples: Transition Services Agreement (Ameriprise Financial Inc), Transition Services Agreement (American Express Financial Corp)
Submission To Jurisdiction; Waivers. Each party hereto Loan Party hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non exclusive general jurisdiction of the courts (i) any State or Federal court of the State of competent jurisdiction sitting in New York County, New York, the courts of the United States of America for the Southern District of New York, ; and (ii) appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Loan Party at its address set forth in Section 9.2 10.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Credit Agreement (Lear Corp), Credit Agreement (Lear Corp)
Submission To Jurisdiction; Waivers. Each party hereto The Company hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a partyNotes, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts Courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Company at its address set forth in Section subsection 9.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section subsection any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Credit Agreement (First Data Corp), Revolving Credit Agreement (First Data Corp)
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Borrower at its address set forth in Section 9.2 10.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section 10.12 any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Credit Agreement (Lennar Corp /New/), Credit Agreement (Meritage Homes CORP)
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and or the other Loan Documents to which it is a partyRevolver Note, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts Courts of the State Commonwealth of New YorkPennsylvania, the courts of the United States of America for the Southern Eastern District of New YorkPennsylvania, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Borrower at its address set forth in Section 9.2 8.2 or at such other address of which the Administrative Agent Lender shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Credit Agreement (Eresearchtechnology Inc /De/), Credit Agreement (Eresearchtechnology Inc /De/)
Submission To Jurisdiction; Waivers. Each party hereto The Company hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the any United States of America for the Southern District of New Yorkfederal or Illinois state court sitting in Chicago, Illinois and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any an objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to its the Company at the address set forth in specified pursuant to Section 9.2 8.2, or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section subsection any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Credit Agreement (Apcoa Standard Parking Inc /De/), Credit Agreement (Ap Holdings Inc)
Submission To Jurisdiction; Waivers. Each party hereto Grantor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Grantor at its address set forth referred to in Section 9.2 8.2 or at such other address of which the Administrative Collateral Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Credit Agreement (Calpine Corp), Credit Agreement (Calpine Corp)
Submission To Jurisdiction; Waivers. Each party hereto Grantor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Security Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Grantor at its address set forth in (a) Section 9.2 11.2 of the Credit Agreement, with respect to the Borrower or (b) Section 15 of the Guarantee, with respect to each other Grantor, or at such other address of which the Administrative Agent shall have been notified pursuant thereto;; and
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Credit Agreement (Sprague Resources LP), Credit Agreement (Sprague Resources LP)
Submission To Jurisdiction; Waivers. Each party hereto Grantor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to its such Grantor to the address set forth referred to in Section 9.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto7.2;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Credit Agreement (Independence Contract Drilling, Inc.), Credit Agreement (Independence Contract Drilling, Inc.)
Submission To Jurisdiction; Waivers. Each party hereto The Pledgor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a partyAgreement, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts Courts of the State of New YorkYork sitting in the Borough of Manhattan, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Pledgor at its address set forth in Section 9.2 below or at such other address of which the Administrative Agent Trustee shall have been notified pursuant theretohereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any sue ix xny other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section paragraph any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Pledge Agreement (Panda Global Holdings Inc), Pledge Agreement (Panda Global Holdings Inc)
Submission To Jurisdiction; Waivers. Each party hereto of the Borrowers hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and or the other Loan Documents to which it is a partyNotes, or for recognition and enforcement of any judgment judgement in respect thereof, to the non-exclusive general jurisdiction of the courts Courts of the State Commonwealth of New YorkPennsylvania, the courts of the United States of America for the Southern Eastern District of New YorkPennsylvania, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Company at its address set forth in Section 9.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Credit Agreement (West Pharmaceutical Services Inc), Credit Agreement (West Pharmaceutical Services Inc)
Submission To Jurisdiction; Waivers. Each party hereto Grantor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non exclusive general jurisdiction of the courts of the State of New YorkTexas, the courts of the United States of America for the Southern Northern District of New YorkTexas, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Grantor at its address set forth referred to in Section 9.2 8.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Credit Agreement (Furmanite Corp), Guaranty and Collateral Agreement (Furmanite Corp)
Submission To Jurisdiction; Waivers. Each party hereto Grantor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to its such Grantor to the address set forth referred to in Section 9.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto7.2;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Joe's Jeans Inc.), Guarantee and Collateral Agreement (Joe's Jeans Inc.)
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Borrower at its address set forth in Section 9.2 10.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Credit Agreement (Universal Health Services Inc), Credit Agreement (Universal Health Services Inc)
Submission To Jurisdiction; Waivers. Each party hereto hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such party at its address set forth referred to in Section 9.2 8.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (MARRIOTT VACATIONS WORLDWIDE Corp), Credit Agreement (MARRIOTT VACATIONS WORLDWIDE Corp)
Submission To Jurisdiction; Waivers. Each party hereto Guarantor hereby irrevocably and unconditionally:
(a) submits Submits for itself the Guarantor and its Property the Guarantor’s property in any legal action or proceeding relating to this Agreement Guaranty and the other Loan Facility Documents to which it the Guarantor is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents Consents that any such action or proceeding may be brought in such courts and waives any objection that it the Guarantor may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees Agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to its the Guarantor at Guarantor’s address set forth in Section 9.2 under Guarantor’s signature below or at such other address of which the Administrative Agent Lender shall have been notified pursuant thereto;notified; and
(d) agrees Agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Guaranty Agreement (PennyMac Mortgage Investment Trust), Guaranty Agreement (PennyMac Mortgage Investment Trust)
Submission To Jurisdiction; Waivers. Each party hereto Grantor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Note Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Grantor at its address set forth referred to in Section 9.2 8.2 or at such other address of which the Administrative Agent Collateral Trustee shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Second Lien Collateral Agreement (Carmike Cinemas Inc), Second Lien Collateral Agreement (Carmike Cinemas Inc)
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New YorkMinnesota, the courts of the United States of America for the Southern District of New Yorklocated in Minnesota, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Borrower at its address set forth in Section 9.2 10.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx sxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred relating to in this Section Agreement or any other Loan Document any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Credit Agreement (Fair Isaac Corp), Credit Agreement (Fair Isaac Corp)
Submission To Jurisdiction; Waivers. Each party hereto Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Parent Borrower at its address set forth referred to in Section 9.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto10.2;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Credit Agreement (Roper Industries Inc /De/), Credit Agreement (Roper Industries Inc /De/)
Submission To Jurisdiction; Waivers. Each party hereto hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to it at its address set forth in Section 9.2 10.1 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; andand 1821445.29\C072091\0303228
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Credit and Guarantee Agreement (General Communication Inc), Credit and Guarantee Agreement (Gci Inc)
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Borrower at its address set forth in Section 9.2 8.2 or at such other address of which the Administrative Agent Lenders shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 2 contracts
Samples: Subordinated Credit Agreement (Virgin Mobile USA, Inc.), Subordinated Credit Agreement (Virgin Mobile USA, Inc.)
Submission To Jurisdiction; Waivers. Each party hereto Grantor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the State and Federal courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Grantor at its address set forth referred to in Section 9.2 8.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section 8.12 any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Global Telecom & Technology, Inc.)
Submission To Jurisdiction; Waivers. Each party hereto hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts Courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to its address set forth such party in accordance with Section 9.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto14 hereof;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (XCel Brands, Inc.)
Submission To Jurisdiction; Waivers. (a) Each party hereto to this Agreement hereby irrevocably and unconditionally, with respect to any matter or dispute (which after good faith efforts by the interested parties to resolve such dispute in a mutually satisfactory manner, including, if applicable, the dispute resolution provisions of Article VI, has not been so resolved) arising under, or in connection with, this Agreement:
(ai) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a partyAgreement, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New YorkDelaware, the courts of the United States of America for the Southern District of New YorkDelaware, and appellate courts from any thereofthereof (and covenants not to commence any legal action or proceeding in any other venue or jurisdiction);
(bii) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(ciii) agrees that service of process in any such action or proceeding may will be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form in accordance with the laws of mail), postage prepaid, to its address set forth in Section 9.2 or at such other address the State of which the Administrative Agent shall have been notified pursuant theretoDelaware;
(div) waives in connection with any such action any and all rights to a jury trial; and
(v) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Samples: Limited Liability Company Agreement (American Medical Alert Corp)
Submission To Jurisdiction; Waivers. Each party hereto Subsidiary Guarantor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a partyAgreement, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Subsidiary Guarantor at its address set forth referred to in Section 9.2 5.2 or at such other address of which the Administrative Agent Fixed Rate Note Holders shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Samples: Credit Agreement (InfraREIT, Inc.)
Submission To Jurisdiction; Waivers. Each party hereto Grantor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Grantor at its address set forth referred to in Section 9.2 8.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Submission To Jurisdiction; Waivers. Each party hereto Loan Party hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a partyAgreement, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Loan Party at its address set forth referred to in Section 9.2 8.2 or at such other address of which the Administrative Agent Support L/C Provider shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Samples: L/C Support Agreement (Walter Investment Management Corp)
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, Notes or for recognition and enforcement of any judgment judgement in respect thereof, to the non-exclusive general jurisdiction of the courts Courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;:
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Borrower at its address set forth in Section 9.2 subsection 10.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;; and
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Samples: Credit Agreement (Iroquois Gas Transmission System Lp)
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to Holdings or the Borrower, as the case may be at its address set forth in Section 9.2 or at such other address of which the Administrative Agent and the Collateral Agent shall have been notified pursuant thereto;; and
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts Courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to prepaid at its address set forth in Section 9.2 10.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx sue in any other jurisdiction; and
(e) waives, to the xxe maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section 10.12 any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Samples: Credit Agreement (Conmed Corp)
Submission To Jurisdiction; Waivers. Each party hereto (a) The Borrower and each Guarantor hereby irrevocably and unconditionally:
(ai) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the any United States of America for the Southern District of New Yorkfederal or Michigan state court sitting in Detroit, Michigan and appellate courts from any thereof;
(bii) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(ciii) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to its the Company at the address set forth specified in Section 9.2 14.1, or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(div) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx sue in any other jurisdiction; and
(ev) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section subsection any special, exemplary, punitive or consequential damages.
(b) [Reserved]
Appears in 1 contract
Submission To Jurisdiction; Waivers. Each party hereto Grantor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non exclusive general jurisdiction of the courts of the any U.S. Federal or New York State of court sitting in New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Grantor at its address set forth referred to in Section 9.2 8.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Submission To Jurisdiction; Waivers. Each party hereto Loan Party hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Loan Party at its address set forth in Section 9.2 12.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in connection with this Section Agreement or any other Loan Document any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Samples: Credit Agreement (Kimco Realty Corp)
Submission To Jurisdiction; Waivers. Each party hereto Grantor, and the Administrative Agent, hereby irrevocably and unconditionally:
(a) : submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) ; consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) ; agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Person at its address set forth referred to in Section 9.2 8.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) ; agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx sue in any other jurisdiction; and
(e) and waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Submission To Jurisdiction; Waivers. Each party hereto hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, at the address referred to its address set forth in Section 9.2 8.2 or at such other address of which the Administrative Agent parties shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx sxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (ARC Group Worldwide, Inc.)
Submission To Jurisdiction; Waivers. Each party hereto hereby of the parties irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Security Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non exclusive general jurisdiction of the courts of the State of New York located in the Borough of Manhattan, City of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to it at its address set forth in for notices determined pursuant to Section 9.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto7.6;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law Law or shall limit the right to xxx in any other jurisdiction; and;
(e) waives, to the maximum extent not prohibited by lawLaw, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damagesdamage; and
(f) irrevocably and unconditionally waives trial by jury in any legal action or proceeding relating to this Security Agreement or any other Operative Agreement and for any counterclaim therein.
Appears in 1 contract
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Guarantor or the Borrower, as the case may be at its address set forth in Section 9.2 or at such other address of which the Administrative Agent and the Collateral Agent shall have been notified pursuant thereto;; and
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx sue in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Samples: Credit Agreement (Altus Power, Inc.)
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Borrower at its address set forth in Section 9.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx sue in any other jurisdiction; and
(e) agrees that it shall not assert, and hereby waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section or in Section 9.5 any special, exemplary, indirect, punitive or consequential damages.
Appears in 1 contract
Samples: Credit Agreement (B&G Foods, Inc.)
Submission To Jurisdiction; Waivers. Each party hereto hereby irrevocably and unconditionally:
(a) : submits for itself and its Property property in any legal action or proceeding relating to this Collateral Agreement and the other Loan Credit Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) ; consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) ; agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Person at its address set forth referred to in Section 9.2 8.2 or at such other address of which the Administrative Agent such Person shall have been notified pursuant thereto;
(d) ; agrees that nothing herein shall affect the right of any other party hereto (or any Secured Party) to effect service of process in any other manner permitted by law or shall limit the right of any party hereto (or any Secured Party) to xxx in any other jurisdiction; and
(e) and waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section 8.11 any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Submission To Jurisdiction; Waivers. Each party hereto Grantor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the or any other Loan Documents to which it is a party, Operative Agreement or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts Courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Grantor at its address set forth referred to in Section 9.2 7.2 or at such other address of which the Administrative Collateral Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx sue in any other jurisdiction; and
(e) waives, to the maximum extent xxtent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Samples: Collateral Agreement (Recoton Corp)
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby ----------------------------------- irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and or the other Loan Documents to which it is a partyNote, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts Courts of the State of New York, the courts Courts of the United States of America for the Southern District of New York, York and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter thereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Borrower at its address set forth in Section 9.2 subsection 8.2 or at such other address of which the Administrative Agent applicable Bank shall have been notified pursuant thereto;; and
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Submission To Jurisdiction; Waivers. (a) Each party hereto Guarantor hereby irrevocably and unconditionally:
(ai) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a partyGuaranty, or for recognition and enforcement of any judgment in respect thereofhereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the any United States of America for the Southern District of New Yorkfederal or Illinois state court sitting in Chicago, Illinois and appellate courts from any thereof;
(bii) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(ciii) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to its such Guarantor at the address set forth specified in Section 9.2 19, or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(div) agrees that nothing herein shall affect the right to effect service of Table of Contents process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(ev) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section subsection any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Samples: Bridge Loan Agreement (Cintas Corp)
Submission To Jurisdiction; Waivers. Each party hereto The Pledgor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a partyAgreement, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) ; agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to Pledgor at its address set forth referred to in Section 9.2 7.2 or at such other address of which the Administrative Collateral Agent shall have been notified pursuant thereto;
(c) agrees that failure by a process agent to notify it of any process will not invalidate the relevant proceedings;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby irrevocably and unconditionally:
: (a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a partyDocuments, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
; (b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
; (c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to its address set forth in Section 9.2 or at such other address it care of which the Administrative Agent shall have been notified pursuant thereto;
Bunge Management Services, Inc. 00 Xxxx Xxxxxx, Xxxxx Xxxxxx, Xxx Xxxx 00000; (d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
and (e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section subsection any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Samples: Loan Agreement (Bunge LTD)
Submission To Jurisdiction; Waivers. Each party hereto of the Parties hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a partyTransaction, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts Courtscourts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents and agrees, that any such action or proceeding may be brought in and only in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other Party at its address set forth in Section 9.2 the Cover Sheet, or at such other address of which the Administrative Agent other Party shall have been notified pursuant thereto;; and
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Submission To Jurisdiction; Waivers. Each party hereto The Borrower, by its acceptance of the benefits hereunder, hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America District Court for the Southern District of New York, Massachusetts and appellate courts from any thereof;
(b) consents that any such action or proceeding may shall be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to its address set forth in Section 9.2 or at such other address of which the Administrative Agent Secured Party shall have been notified pursuant theretoto Section 6.01;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law law;
(e) agrees that a final judgment in any such action or proceeding shall limit the right to xxx be conclusive and may be enforced in any other jurisdictionjurisdiction by suit or by judgment or in any other manner provided by law; and
(ef) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, indirect exemplary, punitive or consequential damagesdamages of any kind whatsoever (including for lost profits).
Appears in 1 contract
Samples: Security Agreement
Submission To Jurisdiction; Waivers. Each party hereto hereby The Borrower irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Credit Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, York and appellate courts from any thereof;
(b) consents that any such action or proceeding may shall be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may shall be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Person at its address set forth in Section 9.2 or on Schedule 13.2 at such other address of which the Administrative Agent shall have been notified pursuant theretoto Section 13.2;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section 13.13 any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Submission To Jurisdiction; Waivers. Each party hereto (a) The Company hereby irrevocably and unconditionally:
(ai) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a partyAgreement, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts Courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(bii) consents that any such action or proceeding may be brought in such courts courts, and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(ciii) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Company at its address set forth in Section 9.2 subsection 10.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;; and
(div) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and.
(eb) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damagesTHE COMPANY AND THE ADMINISTRATIVE AGENT AND EACH LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
Submission To Jurisdiction; Waivers. Each party hereto The Company hereby ----------------------------------- irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement Agreement, and the other Loan Documents to which it is a partyNotes, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts Courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Company at its address set forth in Section 9.2 section 18 or at such other address of which the Administrative Agent you shall have been notified pursuant thereto;
(d) agrees that nothing contained herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Submission To Jurisdiction; Waivers. Each party hereto The Borrowers hereby irrevocably and unconditionally:
(a) submits submit, for itself themselves and its Property their property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is they are a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts Courts of the State of New YorkLouisiana, the courts of the United States of America for the Southern Eastern District of New York, Louisiana and appellate courts from any thereof;
(b) consents consent that any such action or proceeding may be brought in such courts and waives any objection that it they may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees agree that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to its the Borrowers at the address set forth in Section 9.2 or at such other address of which the Administrative Agent Lender shall have been notified pursuant thereto;
(d) agrees agree that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waiveswaive, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section subsection any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Borrower, at its address set forth in Section 9.2 10.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Submission To Jurisdiction; Waivers. Each party hereto of the Borrowers hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and or the other Loan Documents to which it is a partyNotes, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts Courts of the State Commonwealth of New YorkPennsylvania, the courts of the United States of America for the Southern Eastern District of New YorkPennsylvania, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Company at its address set forth in Section 9.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx sue in any other jurisdictionjurisdixxxon; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Samples: Credit Agreement (Tasty Baking Co)
Submission To Jurisdiction; Waivers. Each party hereto of the Borrowers hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and or the other Loan Documents to which it is a partyNotes, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts Courts of the State Commonwealth of New YorkPennsylvania, the courts of the United States of America for the Southern Eastern District of New YorkPennsylvania, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Company at its address set forth in Section 9.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Samples: Credit Agreement (Tasty Baking Co)
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to prepaid at its address set forth in Section 9.2 10.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section 10.12 any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Samples: Credit Agreement (Conmed Corp)
Submission To Jurisdiction; Waivers. Each party hereto (a) The Pledgor hereby irrevocably and unconditionally:
(ai) consents and submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a partyPledge Agreement, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the federal and state courts of located within the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(bii) consents that any such action or proceeding may be brought in such courts courts, and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(ciii) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Pledgor at its address set forth in Section 9.2 above or at such other address of which the Administrative Agent Pledgee shall have been notified pursuant thereto;in writing; and
(div) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx sue in any other jurisdiction; and.
(eb) waives, Xhe Pledgor irrevocably and unconditionally waives any and all rights to the maximum extent not prohibited by law, a jury trial in connection with any right it may have to claim or recover in any legal action or proceeding referred to between the Pledgor (or its affiliates), on the one hand, and the Pledgee (or its affiliates), on the other hand, arising under or by reason of this Pledge Agreement or for the recognition and enforcement of any judgment in this Section any special, exemplary, punitive or consequential damagesrespect thereof.
Appears in 1 contract
Samples: Pledge Agreement (Sandata Inc)
Submission To Jurisdiction; Waivers. Each party hereto hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts Courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Borrower at its address set forth in Section 9.2 subsection 11.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in sue xx any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section subsection any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Submission To Jurisdiction; Waivers. Each party hereto The Guarantor hereby irrevocably and unconditionally:
(ai) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a partyGuaranty, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;,
(bii) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(ciii) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form for of mail), postage prepaid, to its the Guarantor at is address set forth in Section 9.2 7(d) above or at such other address of which the Administrative Agent shall have been notified pursuant thereto;; and
(div) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and or the other Loan Documents to which it is a partyNotes, or for recognition and enforcement of any judgment judgement in respect thereof, to the non-exclusive general jurisdiction of the courts Courts of the State Commonwealth of New YorkPennsylvania, the courts of the United States of America for the Southern Eastern District of New YorkPennsylvania, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Borrower at its address set forth in Section 9.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in sue xx any other jurisdiction; and
(e) waives, to and without limiting the maximum extent not prohibited by lawprovisions of Section 5.8(c), each of the Agent and the Banks waives, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Submission To Jurisdiction; Waivers. Each party hereto Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) ; consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) ; agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to each Borrower, as the case may be at its address set forth in Section 9.2 10.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) ; agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) and waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Samples: Credit Agreement (First Solar, Inc.)
Submission To Jurisdiction; Waivers. Each party hereto Grantor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Grantor at its address set forth referred to in Section 9.2 8.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx sxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Superior Offshore International Inc.)
Submission To Jurisdiction; Waivers. Each party hereto The Pledgor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a partyAgreement, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts Courts of the State of New YorkYork sitting in the Borough of Manhattan, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to its address set forth in Section 9.2 below or at such other address of which the Administrative Agent Trustee shall have been notified pursuant theretohereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in sue xx any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section paragraph any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Samples: Cash Collateral Agreement (Panda Global Holdings Inc)
Submission To Jurisdiction; Waivers. Each party hereto The Guarantor hereby irrevocably and unconditionally:
(a) : submits for itself and its Property property in any legal action or proceeding relating to this Agreement Guarantee and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) ; consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) ; agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Guarantor at its address set forth in Section 9.2 under its signature below or at such other address of which the Administrative Agent Lender Parties shall have been notified pursuant thereto;
(d) hereto; agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx sxx in any other jurisdiction; and
(e) and waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Samples: Guarantee (U Haul International Inc)
Submission To Jurisdiction; Waivers. Each party hereto The Pledgor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Pledge Agreement and the or any other Loan Documents to which it is a partyDocument, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts Courts of the State of New York, the courts of the United States of America for the Southern District of New York, York and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Pledgor at its address set forth referred to in Section 9.2 15 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx sue in any other jurisdiction; and
(e) waives, to the maximum xxximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section 23 any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Submission To Jurisdiction; Waivers. Each party hereto Guarantor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a partyAgreement, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of any state or federal court sitting in the courts Borough of Manhattan in the State of New York, the courts of the United States of America for the Southern District City of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Guarantor at its address set forth referred to in Section 9.2 4.3 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right of the Administrative Agent or any of the Lenders to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Samples: Credit Agreement (AV Homes, Inc.)
Submission To Jurisdiction; Waivers. Each party hereto The Borrower hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may shall be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Borrower at its address set forth in Section 9.2 9.02 or at such other address of which the Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive punitive, or consequential damages.
Appears in 1 contract
Samples: Credit Agreement (Fedex Corp)
Submission To Jurisdiction; Waivers. Each party hereto Grantor hereby irrevocably and unconditionally:
(a) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non exclusive general jurisdiction of the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(b) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(c) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Grantor at its address set forth referred to in Section 9.2 11.1 or at such other address of which the US Administrative Agent shall have been notified pursuant thereto;
(d) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(e) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Samples: Pledge and Security Agreement (Cellu Tissue Holdings, Inc.)
Submission To Jurisdiction; Waivers. (a) Each party hereto Grantor hereby irrevocably and unconditionally:
(ab) submits for itself and its Property property in any legal action or proceeding relating to this Agreement and the other Loan Documents to which it is a party, or for recognition and enforcement of any judgment in respect thereof, to the non-exclusive general jurisdiction of the courts of the State of New YorkYork in New York County, the courts of the United States of America for the Southern District of New York, and appellate courts from any thereof;
(bc) consents that any such action or proceeding may be brought in such courts and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same;
(cd) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such Grantor at its address set forth referred to in Section 9.2 8.2 or at such other address of which the Administrative Collateral Agent shall have been notified pursuant thereto;
(de) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law or shall limit the right to xxx in any other jurisdiction; and
(ef) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section any special, exemplary, punitive or consequential damages.
Appears in 1 contract
Samples: Security Agreement (Bankrate, Inc.)
