Venue and Service of Process. By execution and delivery of this Agreement, each of the parties hereto hereby irrevocably and unconditionally (i) consents to submit to the exclusive jurisdiction of the federal and state courts of the State of New York located in New York County (collectively, the “Selected Courts”) for any action or proceeding arising out of or relating to this Agreement and the transactions contemplated hereby, and agrees not to commence any action or proceeding relating thereto except in the Selected Courts, provided, that, a party may commence any action or proceeding in a court other than a Selected Court solely for the purpose of enforcing an order or judgment issued by one of the Selected Courts; (ii) consents to service of any process, summons, notice or document in any action or proceeding by registered first-class mail, postage prepaid, return receipt requested or by nationally recognized courier guaranteeing overnight delivery in accordance with Section 10.6 hereof and agrees that such service of process shall be effective service of process for any action or proceeding brought against it in any such court, provided, that, nothing herein shall affect the right of any party hereto to serve process in any other manner permitted by law; (iii) waives any objection to the laying of venue of any action or proceeding arising out of this Agreement or the transactions contemplated hereby in the Selected Courts; and (iv) waives and agrees not to plead or claim in any court that any such action or proceeding brought in any such Selected Court has been brought in an inconvenient forum.
Venue and Service of Process. EACH BORROWER, FOR ITSELF AND ITS SUCCESSORS AND ASSIGNS, IRREVOCABLY (I) SUBMITS TO THE NONEXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS IN TEXAS, (II) WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE GOVERNMENTAL REQUIREMENTS, ANY OBJECTION THAT IT MAY NOW OR IN THE FUTURE HAVE TO THE LAYING OF VENUE OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH ANY CREDIT DOCUMENT AND THE OBLIGATION BROUGHT IN THE DISTRICT COURTS OF DALLAS COUNTY, TEXAS, OR IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS, DALLAS DIVISION, (III) WAIVES ANY CLAIMS THAT ANY LITIGATION BROUGHT IN ANY OF THE FOREGOING COURTS HAS BEEN BROUGHT IN AN INCONVENIENT FORUM, (IV) CONSENTS TO THE SERVICE OF PROCESS OF ANY OF THOSE COURTS IN ANY LITIGATION BY THE MAILING OF COPIES OF THAT PROCESS BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID, BY HAND DELIVERY, OR BY DELIVERY BY A NATIONALLY RECOGNIZED COURIER SERVICE, AND SERVICE SHALL BE DEEMED COMPLETE UPON DELIVERY OF THE LEGAL PROCESS AT ITS ADDRESS FOR PURPOSES OF THIS AGREEMENT, AND (V) AGREES THAT ANY LEGAL PROCEEDING AGAINST ANY PARTY TO ANY CREDIT DOCUMENT ARISING OUT OF OR IN CONNECTION WITH THE CREDIT DOCUMENTS OR THE OBLIGATION MAY BE BROUGHT IN ONE OF THE FOREGOING COURTS.
Venue and Service of Process. Any dispute arising out of or in connection with this Conditional Forbearance shall be resolved in accordance with the procedure set out in clause 18 of the Facility Agreement, which shall be deemed to be incorporated mutatis mutandis into this Conditional Forbearance.
Venue and Service of Process. Each of the parties hereby acknowledges that a divorce action is pending under the above-style and docket number in the Circuit Court for Davidson County, Tennessee. The parties waive further service of process. Each of the parties hereby submits his or her person and property to the jurisdiction of this Court. Further, the parties acknowledge that the Wife is represented by attorney _ and the Husband is represented by attorney .
Venue and Service of Process. Each ----------------------------------------------------- Partner agrees that any action, suit or proceeding in respect of or arising out of this Agreement may be initiated and prosecuted in the state or Federal courts, as :the case may be, located in New York County, New York. Each Partner consents to and submits to the exercise of jurisdiction over its person by any such court in New York County, New York which has jurisdiction over the subject matter, waives any objections to venue with respect to such court and any claim of forum non conveniens, waives personal service and agrees that service ----- --- ---------- of process may be made by registered mail directed to such Partner at its address set forth in this Agreement, as the same may be changed by notice in accordance with Section 10.1. except as provided in paragraph (h) of Section 4.1, the Federal and state courts situated in the State of New York shall have exclusive jurisdiction over all disputes arising under or with respect to this Agreement.
Venue and Service of Process. The state and federal courts located in Orange County, California, shall be the exclusive venue for any and all claims or disputes arising from, or concerning, this Agreement. The Parties waive all objections to said venue, including the grounds of improper venue, lack of personal jurisdiction or forum non conveniens. Delivery of process by reputable courier (e.g. Federal Express or U.S. Mail-Overnight) to either Party’s last known address shall constitute sufficient service of process for all such claims or disputes. Notwithstanding the provisions of this paragraph, claims related specifically to the Director’s conduct as a director of the Company and all related corporate matters arising from his service as a director of the Company, may be heard in any court of proper jurisdiction, including, but not limited to, the state and federal courts of Delaware.
Venue and Service of Process. Each Company (A) Irrevocably Submits To The Nonexclusive Jurisdiction Of Texas State And Federal Courts, (B) Irrevocably Waives -- To The Fullest Extent Permitted By Law -- Any Objection That It May Now Or In The Future Have To The Laying Of Venue Of Any Litigation Brought In Connection With Any Loan Paper Or The Obligation Brought In District Courts Of Dallas County, Texas, Or In The United States District Court For The Northern District Of Texas, Dallas Division, (C) Irrevocably Waives Any Claims That Any Litigation Brought In Any Of Those Courts Has Been Brought In An Inconvenient Forum, (D) Irrevocably Consents To The Service Of Process Out Of Any Of Those Courts In Any Litiga- tion By The Mailing Of Copies Thereof By Certified Mail, Return Receipt Requested, Postage Prepaid, By Hand-Delivery, Or By Delivery By A Nationally Recognized Courier Service, And Service Is Deemed Complete Upon Delivery Of The Legal Process At Its Address In This Agreement, And (E) Irrevocably Agrees That Any Legal Proceeding Against Any Party To Any Loan Paper Arising Out Of Or In Connection With The Loan Papers Or The Obligation May Be Brought In One Of Those Courts. The scope of each of these waivers is intended to be all- encompassing of any and all disputes that may be filed in any court and that relate to the subject matter of this transaction -- including, without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims. These waivers are a material inducement to the agreement by Agent and each Lender to enter into this agreement, and they have each relied -- and may continue to rely -- on these waivers in its dealings with the Companies. Each Company represents and warrants that it has reviewed these waivers with its legal counsel, and that it knowingly and voluntarily agrees to each waiver following consultation with legal counsel. These waivers are irrevocable, may not be modified either orally or in writing, and apply to any renewals, extensions, amendments, and replacements of any Loan Paper.
Venue and Service of Process. BORROWER, FOR ITSELF AND ITS SUCCESSORS AND ASSIGNS, IRREVOCABLY (i) SUBMITS TO THE NONEXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS IN TEXAS, (ii) WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE GOVERNMENTAL REQUIREMENTS, ANY OBJECTION THAT IT MAY NOW OR IN THE FUTURE HAVE TO THE LAYING OF VENUE OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH ANY CREDIT
Venue and Service of Process. Each party hereby irrevocably submits to the exclusive jurisdiction of the Court of Chancery of the State of Delaware (or, if the Court of Chancery of the State of Delaware declines to accept jurisdiction over a particular matter, any federal court within the State of Delaware, or, if no federal court in the State of Delaware accepts jurisdiction, any state court within the State of Delaware) over all claims or causes of action (whether in contract or tort, in law or in equity, or granted by statute or otherwise) that may be based upon, arise out of or relate to this Agreement and any other document or instrument delivered pursuant to this Agreement, or the negotiation, execution, termination, validity, interpretation, construction, enforcement, performance or nonperformance of this Agreement or otherwise arising from the transactions contemplated hereby or the relationship among the parties (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with, or as an inducement to enter into, this Agreement) (collectively, “Related Claims”), and each party hereby irrevocably agrees that all Related Claims may be heard and determined in such courts. Each party hereby irrevocably and unconditionally waives, to the fullest extent permitted by applicable Law, any objection which it may now or hereafter have to the laying of venue of any such Related Claim brought in any such court or any defense of inconvenient forum for the maintenance of such dispute. Each party agrees that a judgment in any such dispute may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Each party hereby consents to process being served by any other party in any Related Claim by the delivery of a copy thereof in accordance with the provisions of Section 7(a) (other than by email) along with a notification that service of process is being served in conformance with this Section 7(e). Nothing in this Agreement will affect the right of any party to serve process in any other manner permitted by law.
Venue and Service of Process. Borrower agrees that all actions or proceedings in any way arising out of or related to this Note may be litigated in courts having situs in Fulton Xxxxxy, Georgia, including the United States District Court. Borrower consents to the personal jurisdiction of such courts and agrees that process may be served by certified mail or overnight courier in any action or proceedings in any way arising out of or related to this Note.
