Common use of Venue for Suit Clause in Contracts

Venue for Suit. Each of the Borrower and NII irrevocably hereby expressly waives all right to object to jurisdiction or execution in any legal action or proceeding relating to this Agreement, the Financing Note or any other Credit Document which it may now or hereafter have by reason of its domicile or by reason of any subsequent or other domicile and hereby irrevocably consents that any legal action, suit or proceeding arising out of or relating to any of the Credit Documents and any other document or instrument required to be executed in relation thereto may be instituted exclusively in the federal courts of the United States District Court of the Southern District of New York and the courts of the State of New York, unless the Creditor otherwise elects, and by execution and delivery of this Agreement, each of the Borrower and NII submits to and accepts and consents with regard to any such action or proceeding for itself and in respect of its properties and assets, generally and unconditionally, the jurisdiction of any such court. Each of the Borrower and NII hereby waives any objection it may now or hereafter have to the laying of the venue of any such action, suit or proceeding, and further waives any claim that any such action, suit or proceeding brought in any of the aforesaid courts has been brought in any inconvenient forum. Each of the Borrower and NII hereby irrevocably designates, appoints and empowers CT Corporation System with offices at 1000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, and successors as the designee, appointee and agent of such Credit Party to receive, accept and acknowledge, for and on behalf of such Credit Party and its properties, service of any and all legal process, summons, notices and documents which may be served in such action, suit or proceeding relating to the Financing Note or this Agreement or any other Credit Document in the case of the courts of the United States District Court of the Southern District of New York or of the courts of the State of New York, which service may be made on any such designee, appointee and agent in accordance with legal procedures prescribed for such courts. Each of the Borrower and NII agrees to take any and all action necessary to continue such designation in full force and effect and should such designee, appointee and agent become unavailable for this purpose for any reason, the Borrower or NII (as appropriate) will forthwith irrevocably designate a new designee, appointee and agent with offices in New York, New York, which shall irrevocably agree to act as such, with the powers and for purposes specified in this Section 12.02. Each of the Borrower and NII further irrevocably consents and agrees to service of any and all legal process, summons, notices and documents out of any of the aforesaid courts in any such action, suit or proceeding relating to the Financing Note or this Agreement or any other Credit Document delivered to the Borrower or NII (as appropriate) in accordance with this Section 12.02 or to its then designee, appointee or agent for service. If service is made upon such designee, appointee and agent, a copy of such process, summons, notice or document shall also be provided to the Borrower or NII (as appropriate), by registered or certified mail, or overnight express air courier, provided that failure to provide such copy to the Borrower or NII (as appropriate) shall not impair or affect in any way the validity of such service or any judgment rendered in such action or proceedings. Each of the Borrower and NII agrees that service upon the Borrower or NII (as appropriate) or any such designee, appointee and agent as provided for herein shall constitute valid and effective personal service upon the Borrower or NII (as appropriate) with respect to matters contemplated in this Section 12.02 and that the failure of any such designee, appointee and agent to give any notice of such service to the Borrower or NII (as appropriate) shall not impair or affect in any way the validity of such service or any judgment rendered in any action or proceeding based thereon. Nothing herein shall limit or be construed to limit the rights of the Creditor to commence proceedings against the Borrower or NII (as appropriate) in any other venue where assets of the Borrower or NII (as appropriate) may be found.

Venue for Suit. Each of The Credit Parties and the Borrower and NII Lender Parties each irrevocably hereby expressly waives all right to object to jurisdiction or execution in any legal action or proceeding relating to this Agreement, the Financing Note or any other Credit Document which it may now or hereafter have by reason of its domicile or by reason of any subsequent or other domicile and hereby irrevocably consents that any legal action, suit or proceeding arising out of or relating to any of the Credit Documents and any other document or instrument required to be executed in relation thereto may be instituted exclusively in the federal courts of the United States District Court of the Southern District of New York and the courts of the State of New York, unless the Creditor otherwise elects, and by execution and delivery of this Agreement, each of the Borrower Credit Parties and NII the Lender Parties submits to and accepts and consents with regard to any such action or proceeding for itself and in respect of its properties and assets, generally and unconditionally, the jurisdiction of any such court. Each of the Borrower and NII Credit Parties hereby waives any objection it may now or hereafter have to the laying of the venue of any such action, suit or proceeding, and further waives any claim that any such action, suit or proceeding brought in any of the aforesaid courts has been brought in any inconvenient forum. Each of the Borrower and NII Credit Parties hereby irrevocably designates, appoints and empowers CT Corporation System with offices at 1000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx Xxxx, 00000, and successors as the designee, appointee and agent of such Credit Party to receive, accept and acknowledge, for and on behalf of such Credit Party and its properties, service of any and all legal process, summons, notices and documents which may be served in such action, suit or proceeding relating to the Financing Note or this Agreement or any other Credit Document in the case of the courts of the United States District Court of the Southern District of New York or of the courts of the State of New YorkIllinois, which service may be made on any such designee, appointee and agent in accordance with legal procedures prescribed for such courts. Each of the Borrower and NII Credit Parties agrees to take any and all action necessary to continue such designation in full force and effect and should such designee, appointee and agent become unavailable for this purpose for any reason, the Borrower or NII (as appropriate) relevant Credit Party will forthwith irrevocably designate a new designee, appointee and agent with offices in New York, New York, which shall irrevocably agree to act as such, with the powers and for purposes specified in this Section 12.0213.2. Each of the Borrower and NII Credit Parties further irrevocably consents and agrees to service of any and all legal process, summons, notices and documents out of any of the aforesaid courts in any such action, suit or proceeding relating to the Financing Note or this Agreement or any other Credit Document delivered to the Borrower or NII (as appropriate) such Credit Party in accordance with this Section 12.02 13.2 or to its then designee, appointee or agent for service. If service is made upon such designee, appointee and agent, a copy of such process, summons, notice or document shall also be provided to the Borrower or NII (as appropriate), relevant Credit Party by registered or certified mail, or overnight express air courier, provided that failure to provide such copy to the Borrower or NII (as appropriate) relevant Credit Party shall not impair or affect in any way the validity of such service or any judgment judgement rendered in such action or proceedings. Each of the Borrower and NII Credit Parties agrees that service upon the Borrower or NII (as appropriate) such Credit Party or any such designee, appointee and agent as provided for herein shall constitute valid and effective personal service upon the Borrower or NII (as appropriate) such Credit Party with respect to matters contemplated in this Section 12.02 13.2 and that the failure of any such designee, appointee and agent to give any notice of such service to the Borrower or NII (as appropriate) such Credit Party shall not impair or affect in any way the validity of such service or any judgment rendered in any action or proceeding based thereon. Nothing herein shall limit or be construed to limit the rights of the Creditor Lender Parties to commence proceedings against the Borrower or NII (as appropriate) any Credit Party in any other venue where assets of the Borrower or NII (as appropriate) such Credit Party may be found.

Venue for Suit. Each of the Borrower Company and NII Nextel International irrevocably hereby expressly waives all right to object to jurisdiction or execution in any legal action or proceeding relating to this Agreement, the Financing Note or any other Credit Document which it may now or hereafter have by reason of its domicile or by reason of any subsequent or other domicile and hereby irrevocably consents that any legal action, suit or proceeding arising out of or relating to any of the Credit Documents and any other document or instrument required to be executed in relation thereto may be instituted exclusively in the federal courts of the United States District Court of the Southern District of New York and the courts of the State of New York, unless the Creditor otherwise elects, and by execution and delivery of this Agreement, each of the Borrower Company and NII Nextel International submits to and accepts and consents with regard to any such action or proceeding for itself and in respect of its properties and assets, generally and unconditionally, the jurisdiction of any such court. Each of the Borrower Company and NII Nextel International hereby waives any objection it may now or hereafter have to the laying of the venue of any such action, suit or proceeding, and further waives any claim that any such action, suit or proceeding brought in any of the aforesaid courts has been brought in any inconvenient forum. Each of the Borrower Company and NII Nextel International hereby irrevocably designates, appoints and empowers CT Corporation System with offices at 1000 1633 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, and xxd successors as the designee, appointee and agent of such Credit Party to receive, accept and acknowledge, for and on behalf of such Credit Party and its properties, service of any and all legal process, summons, notices and documents which may be served in such action, suit or proceeding relating to the Financing Note or this Agreement or any other Credit Document in the case of the courts of the United States District Court of the Southern District of New York or of the courts of the State of New York, which service may be made on any such designee, appointee and agent in accordance with legal procedures prescribed for such courts. Each of the Borrower Company and NII Nextel International agrees to take any and all action necessary to continue such designation in full force and effect and should such designee, appointee and agent become unavailable for this purpose for any reason, the Borrower Company or NII Nextel International (as appropriate) will forthwith irrevocably designate a new designee, appointee and agent with offices in New York, New York, which shall irrevocably agree to act as such, with the powers and for purposes specified in this Section 12.02. Each of the Borrower Company and NII Nextel International further irrevocably consents and agrees to service of any and all legal process, summons, notices and documents out of any of the aforesaid courts in any such action, suit or proceeding relating to the Financing Note or this Agreement or any other Credit Document delivered to the Borrower Company or NII Nextel International (as appropriate) in accordance with this Section 12.02 or to its then designee, appointee or agent for service. If service is made upon such designee, appointee and agent, a copy of such process, summons, notice or document shall also be provided to the Borrower or NII (as appropriate), by registered or certified mail, or overnight express air courier, provided that failure to provide such copy to the Borrower or NII (as appropriate) shall not impair or affect in any way the validity of such service or any judgment rendered in such action or proceedings. Each of the Borrower and NII agrees that service upon the Borrower or NII (as appropriate) or any such designee, appointee and agent as provided for herein shall constitute valid and effective personal service upon the Borrower or NII (as appropriate) with respect to matters contemplated in this Section 12.02 and that the failure of any such designee, appointee and agent to give any notice of such service to the Borrower or NII (as appropriate) shall not impair or affect in any way the validity of such service or any judgment rendered in any action or proceeding based thereon. Nothing herein shall limit or be construed to limit the rights of the Creditor to commence proceedings against the Borrower or NII (as appropriate) in any other venue where assets of the Borrower or NII (as appropriate) may be found.and

Venue for Suit. Each of the Borrower Company and NII Nextel International irrevocably hereby expressly waives all right to object to jurisdiction or execution in any legal action or proceeding relating to this Agreement, the Financing Note or any other Credit Document which it may now or hereafter have by reason of its domicile or by reason of any subsequent or other domicile and hereby irrevocably consents that any legal action, suit or proceeding arising out of or relating to any of the Credit Documents and any other document or instrument required to be executed in relation thereto may be instituted exclusively in the federal courts of the United States District Court of the Southern District of New York and the courts of the State of New York, unless the Creditor otherwise elects, and by execution and delivery of this Agreement, each of the Borrower Company and NII Nextel International submits to and accepts and consents with regard to any such action or proceeding for itself and in respect of its properties and assets, generally and unconditionally, the jurisdiction of any such court. Each of the Borrower Company and NII Nextel International hereby waives any objection it may now or hereafter have to the laying of the venue of any such action, suit or proceeding, and further waives any claim that any such action, suit or proceeding brought in any of the aforesaid courts has been brought in any inconvenient forum. Each of the Borrower Company and NII Nextel International hereby irrevocably designates, appoints and empowers CT Corporation System with offices at 1000 0000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, and successors as the designee, appointee and agent of such Credit Party to receive, accept and acknowledge, for and on behalf of such Credit Party and its properties, service of any and all legal process, summons, notices and documents which may be served in such action, suit or proceeding relating to the Financing Note or this Agreement or any other Credit Document in the case of the courts of the United States District Court of the Southern District of New York or of the courts of the State of New York, which service may be made on any such designee, appointee and agent in accordance with legal procedures prescribed for such courts. Each of the Borrower Company and NII Nextel International agrees to take any and all action necessary to continue such designation in full force and effect and should such designee, appointee and agent become unavailable for this purpose for any reason, the Borrower Company or NII Nextel International (as appropriate) will forthwith irrevocably designate a new designee, appointee and agent with offices in New York, New York, which shall irrevocably agree to act as such, with the powers and for purposes specified in this Section 12.02. Each of the Borrower Company and NII Nextel International further irrevocably consents and agrees to service of any and all legal process, summons, notices and documents out of any of the aforesaid courts in any such action, suit or proceeding relating to the Financing Note or this Agreement or any other Credit Document delivered to the Borrower Company or NII Nextel International (as appropriate) in accordance with this Section 12.02 or to its then designee, appointee or agent for service. If service is made upon such designee, appointee and agent, a copy of such process, summons, notice or document shall also be provided to the Borrower Company or NII Nextel International (as appropriate), by registered or certified mail, or overnight express exprss air courier, provided that failure to provide such copy to the Borrower Company or NII Nextel International (as appropriate) shall not impair or affect in any way the validity of such service or any judgment rendered in such action or proceedings. Each of the Borrower Company and NII Nextel International agrees that service upon the Borrower Company or NII Nextel International (as appropriate) or any such designee, appointee and agent as provided for herein shall constitute valid and effective personal service upon the Borrower Company or NII Nextel International (as appropriate) with respect to matters contemplated in this Section 12.02 and that the failure of any such designee, appointee and agent to give any notice of such service to the Borrower Company or NII Nextel International (as appropriate) shall not impair or affect in any way the validity of such service or any judgment rendered in any action or proceeding based thereon. Nothing herein shall limit or be construed to limit the rights of the Creditor to commence proceedings against the Borrower Company or NII Nextel International (as appropriate) in any other venue where assets of the Borrower Company or NII Nextel International (as appropriate) may be found.