VENUE; JURISDICTION; JURY TRIAL WAIVER. THE BANK AND THE COMPANY HEREBY IRREVOCABLY:
VENUE; JURISDICTION; JURY TRIAL WAIVER. LENDER AND BORROWER EACH HEREBY IRREVOCABLY:
VENUE; JURISDICTION; JURY TRIAL WAIVER. EasyLink and ATT each hereby irrevocably: (1) consent to the jurisdiction of any state or federal court sitting in the State of Florida; (2) agree that venue shall be proper in any court of competent jurisdiction located in the Borough of Manhattan, the City and State of New York; and (3) waive the right to trial by jury on any controversy arising out of or relating to this Agreement or the Lease.
VENUE; JURISDICTION; JURY TRIAL WAIVER. EasyLink and Fleet each hereby irrevocably: (1) consent to the jurisdiction of any state or federal court sitting in the City of New York, Borough of Manhattan, State of New York; (2) agree that non-exclusive venue shall be proper in any court of competent jurisdiction located in the City of New York, Borough of Manhattan, State of New York; and (3) waive the right to trial by jury on any controversy arising out of or relating to this Agreement or the Leases.
VENUE; JURISDICTION; JURY TRIAL WAIVER. EasyLink and GATX each hereby irrevocably: (1) consent to the jurisdiction of any state or federal court sitting in the State of Florida; (2) agree that venue shall be proper in any court of competent jurisdiction located in Hillsborough County, Florida; and (3) waive the right to trial by jury on any controversy arising out of or relating to this Agreement or the Lease.
VENUE; JURISDICTION; JURY TRIAL WAIVER. THE HALLMARK LENDERS AND BORROWER EACH HEREBY UNCONDITIONALLY AND IRREVOCABLY: (A) CONSENT TO THE JURISDICTION OF ANY STATE OR FEDERAL COURT SITTING IN THE STATE OF NEW YORK; (B) AGREE THAT VENUE SHALL BE PROPER IN ANY COURT OF COMPETENT JURISDICTION LOCATED IN THE STATE OF NEW YORK; AND (C) WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY CONTROVERSY ARISING OUT OF OR RELATING TO ANY LOAN DOCUMENT(S).
VENUE; JURISDICTION; JURY TRIAL WAIVER. LENDER, AND BORROWER EACH HEREBY IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE MASTER AGREEMENT, AND/OR THE LOAN DOCUMENTS.
VENUE; JURISDICTION; JURY TRIAL WAIVER. Subject to the last sentence of this Section 17, EasyLink and Phoenix each hereby irrevocably: (1) consent to the jurisdiction of any state or federal court sitting in the City of New York, Borough of Manhattan, State of New York; (2) agree that venue shall be proper in any court of competent jurisdiction located in the City of New York, Borough of Manhattan, State of New York; and (3) waive the right to trial by jury on any controversy arising out of or relating to this Agreement, the Lease Agreements, the Note and the Warrant. Notwithstanding the foregoing, at Phoenix's sole discretion, option and election, jurisdiction for any legal action between the parties arising out of or relating to this Agreement, the Lease Agreements, the Note and the Warrant shall be in the Superior Court of Marin County, California, or, in cases where federal diversity jurisdiction is available, in the United States District Court for the Northern District of California located in San Francisco, California.
VENUE; JURISDICTION; JURY TRIAL WAIVER. EasyLink and LTI each hereby irrevocably: (1) consent to the jurisdiction of any state or federal court sitting in the City of New York, Borough of Manhattan, State of New York; (2) agree that venue shall be proper in any court of competent jurisdiction located in the City of New York, Borough of Manhattan, State of New York; and (3) waive the right to trial by jury on any controversy arising out of or relating to this Agreement or the Lease.
VENUE; JURISDICTION; JURY TRIAL WAIVER. (a)THE BORROWER HEREBY (1) AGREES THAT ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT OR TO ENFORCE ANY JUDGMENT OBTAINED AGAINST THE BORROWER IN CONNECTION WITH THIS AGREEMENT MAY BE BROUGHT BY THE AGENT, THE CO-AGENT OR ANY BANK IN ANY COURT SITTING IN THE STATE OF NEW YORK; (2) IRREVOCABLY SUBMITS TO THE NONEXCLUSIVE JURISDICTION OF UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK AND OF ANY COURT OF THE STATE OF NEW YORK FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT; (3) AGREES THAT SECTIONS 5- 1401 AND 5-1402 OF THE GENERAL OBLIGATIONS LAWS OF THE STATE OF NEW YORK SHALL APPLY TO THIS AGREEMENT AND THE CREDIT DOCUMENTS; AND (4) IRREVOCABLY WAIVES ANY PRESENT OR FUTURE OBJECTION TO VENUE IN ANY SUCH COURT, AND ANY PRESENT OR FUTURE CLAIM THAT ANY SUCH COURT IS AN INCONVENIENT FORUM, IN CONNECTION WITH ANY ACTION OR PROCEEDING RELATING TO THIS AGREEMENT.
