Common use of Venue; Service of Process Clause in Contracts

Venue; Service of Process. THE CHARTERER, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, HEREBY KNOWINGLY AND INTENTIONALLY AND IRREVOCABLY AND UNCONDITIONALLY a) SUBMITS, FOR ITSELF AND ITS PROPERTY, TO THE NONEXCLUSIVE JURISDICTION OF THE STATE COURTS OF THE STATE OF NEW YORK AND THE FEDERAL COURTS SITTING IN THE STATE OF NEW YORK AND AGREES AND CONSENTS THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN ANY LEGAL PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS BY SERVICE OF PROCESS AS PROVIDED BY NEW YORK LAW, b) WAIVES, TO THE EXTENT PERMITTED BY LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS BROUGHT IN ANY NEW YORK STATE COURT OR FEDERAL COURT SITTING IN THE STATE OF NEW YORK, c) WAIVES ANY CLAIMS THAT ANY LITIGATION BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM, d) CONSENTS TO THE SERVICE OF PROCESS OUT OF ANY OF THE AFOREMENTIONED COURTS IN ANY SUCH LITIGATION BY THE MAILING OF COPIES THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO THE CHARTERER AT THE ADDRESS SET FORTH HEREIN AND e) AGREES THAT ANY LEGAL PROCEEDING AGAINST THE CHARTERER ARISING OUT OF, RELATED TO OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS OR THE OBLIGATIONS HEREUNDER OR THEREUNDER MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION IN THE STATE OF NEW YORK. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE OWNER TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE CHARTERER OR ANY OF THE OTHER MEMBER OF THE CHARTERER GROUP IN ANY OTHER JURISDICTION OR TO SERVE PROCESS IN ANY MANNER PERMITTED BY APPLICABLE LAW.

Venue; Service of Process. THE CHARTERER, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, BORROWER HEREBY KNOWINGLY AND INTENTIONALLY AND IRREVOCABLY AND UNCONDITIONALLY a) SUBMITS, FOR SUBMITS ITSELF AND ITS PROPERTY, TO THE NONEXCLUSIVE NON-EXCLUSIVE JURISDICTION OF THE STATE COURTS OF THE STATE OF NEW YORK AND THE FEDERAL COURTS SITTING LOCATED IN THE STATE OF NEW YORK LOS ANGELES COUNTY, CALIFORNIA, AND AGREES AND CONSENTS THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN ANY LEGAL PROCEEDING RELATING TO THIS AGREEMENT, ANY BORROWING HEREUNDER OR ANY OTHER RELATIONSHIP BETWEEN LENDER AND BORROWER BY ANY MEANS ALLOWED UNDER STATE OR FEDERAL LAW. ANY LEGAL PROCEEDING ARISING OUT OF OR IN CONNECTION WITH ANY WAY RELATED TO THIS CHARTER OR THE OTHER CHARTER DOCUMENTS BY SERVICE OF PROCESS AS PROVIDED BY NEW YORK LAW, b) WAIVES, TO THE EXTENT PERMITTED BY LAWAGREEMENT, ANY OBJECTION WHICH IT BORROWING HEREUNDER OR ANY OTHER RELATIONSHIP BETWEEN LENDER AND BORROWER MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS BE BROUGHT AND LITIGATED IN ANY NEW YORK ONE OF THE STATE COURT OR FEDERAL COURT SITTING COURTS LOCATED IN THE STATE LOS ANGELES COUNTY, CALIFORNIA, HAVING JURISDICTION. BORROWER AND LENDER WAIVE AND AGREE NOT TO ASSERT, BY WAY OF NEW YORKMOTION, c) WAIVES ANY CLAIMS AS A DEFENSE OR OTHERWISE, THAT ANY LITIGATION BROUGHT IN ANY SUCH COURT HAS BEEN PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM, d) CONSENTS FORUM OR THAT THE VENUE THEREOF IS IMPROPER. NOTHING HEREIN SHALL LIMIT THE RIGHT OF LENDER TO BRING PROCEEDINGS AGAINST BORROWER IN THE SERVICE OF PROCESS OUT COURTS OF ANY OF THE AFOREMENTIONED COURTS OTHER JURISDICTION. ANY JUDICIAL PROCEEDING BY BORROWER AGAINST LENDER INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER IN ANY SUCH LITIGATION BY THE MAILING OF COPIES THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO THE CHARTERER AT THE ADDRESS SET FORTH HEREIN AND e) AGREES THAT ANY LEGAL PROCEEDING AGAINST THE CHARTERER WAY ARISING OUT OF, RELATED TO TO, OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS OR THE OBLIGATIONS HEREUNDER OR THEREUNDER MAY ANY LOAN DOCUMENT SHALL BE BROUGHT ONLY IN ANY A COURT OF COMPETENT JURISDICTION IN THE STATE OF NEW YORKLOS ANGELES, CALIFORNIA. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE OWNER TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE CHARTERER OR ANY OF THE OTHER MEMBER OF THE CHARTERER GROUP IN ANY OTHER JURISDICTION OR TO SERVE PROCESS IN ANY MANNER PERMITTED BY APPLICABLE LAWBorrower expressly waives personal service of the summons and complaint or other process or papers issued therein and agrees that service of such summons and complaint or other process or papers may be made by registered or certified mail addressed to Borrower at its address referenced in Section 11.1, which service shall be deemed to have been made on the date that receipt is deemed to have occurred for registered or certified mail as provided in Section 11.1.

Venue; Service of Process. THE CHARTERERBORROWER, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, HEREBY KNOWINGLY AND INTENTIONALLY AND (A) IRREVOCABLY AND UNCONDITIONALLY a) SUBMITS, FOR ITSELF AND ITS PROPERTY, SUBMITS TO THE NONEXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF THE STATE OF NEW YORK AND THE FEDERAL COURTS SITTING IN THE STATE OF NEW YORK TEXAS AND AGREES AND CONSENTS THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN ANY LEGAL PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER LOAN DOCUMENTS AND THE OBLIGATION BY SERVICE OF PROCESS AS PROVIDED BY NEW YORK TEXAS LAW, b(B) IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER LOAN DOCUMENTS AND THE OBLIGATION BROUGHT IN ANY NEW YORK STATE COURT DISTRICT COURTS OF DALLAS COUNTY, TEXAS, OR FEDERAL COURT SITTING IN THE STATE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORKTEXAS, cDALLAS DIVISION, (C) IRREVOCABLY WAIVES ANY CLAIMS THAT ANY LITIGATION BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM, d(D) AGREES TO DESIGNATE AND MAINTAIN AN AGENT FOR SERVICE OF PROCESS IN HOUSTON, TEXAS, IN CONNECTION WITH ANY SUCH LITIGATION AND TO DELIVER TO LENDER EVIDENCE THEREOF, (E) IF SERVICE OF PROCESS UPON THE REGISTERED AGENT IS UNSUCCESSFUL AFTER ONE GOOD FAITH ATTEMPT, IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS OUT OF ANY OF THE AFOREMENTIONED COURTS IN ANY SUCH LITIGATION BY THE MAILING OF COPIES THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO THE CHARTERER SUCH BORROWER AT THE ITS ADDRESS SET FORTH HEREIN HEREIN, AND e(F) IRREVOCABLY AGREES THAT ANY LEGAL PROCEEDING AGAINST THE CHARTERER LENDER ARISING OUT OF, RELATED TO OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER LOAN DOCUMENTS OR ON THE OBLIGATIONS HEREUNDER OR THEREUNDER MAY OBLIGATION SHALL BE BROUGHT IN ANY COURT THE DISTRICT COURTS OF COMPETENT JURISDICTION DALLAS COUNTY, TEXAS, OR IN THE STATE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORKTEXAS, DALLAS DIVISION. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE OWNER LENDER TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE CHARTERER OR ANY OF THE OTHER MEMBER OF THE CHARTERER GROUP BORROWER IN ANY OTHER JURISDICTION OR TO SERVE PROCESS IN ANY MANNER PERMITTED BY APPLICABLE LAW.

Venue; Service of Process. ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT MAY BE BROUGHT IN THE CHARTERER, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, HEREBY KNOWINGLY AND INTENTIONALLY AND IRREVOCABLY AND UNCONDITIONALLY a) SUBMITS, FOR ITSELF AND ITS PROPERTY, TO THE NONEXCLUSIVE JURISDICTION OF THE STATE COURTS OF THE STATE OF NEW YORK ILLINOIS SITUATED IN XXXX COUNTY, OR OF THE UNITED STATES OF AMERICA FOR THE NORTHERN DISTRICT OF ILLINOIS, AND, BY EXECUTION AND DELIVERY OF THIS AGREEMENT, THE FEDERAL COURTS SITTING BORROWER HEREBY ACCEPTS FOR ITSELF AND IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, THE STATE JURISDICTION OF NEW YORK AND AGREES AND CONSENTS THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN ANY LEGAL PROCEEDING ARISING OUT OF OR THE AFORESAID COURTS. THE BORROWER HEREBY IRREVOCABLY WAIVES, IN CONNECTION WITH THIS CHARTER ANY SUCH ACTION OR THE OTHER CHARTER DOCUMENTS BY SERVICE OF PROCESS AS PROVIDED BY NEW YORK LAWPROCEEDING, b(a) WAIVESANY OBJECTION, TO THE EXTENT PERMITTED BY LAWINCLUDING, WITHOUT LIMITATION, ANY OBJECTION WHICH TO THE LAYING OF VENUE OR BASED ON THE GROUNDS OF FORUM NON CONVENIENS, THAT IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE BRINGING OF ANY LITIGATION ARISING OUT OF SUCH ACTION OR PROCEEDING IN CONNECTION WITH THIS CHARTER SUCH RESPECTIVE JURISDICTIONS AND (b) THE RIGHT TO INTERPOSE ANY NONCOMPULSORY SETOFF, COUNTERCLAIM, OR CROSS-CLAIM. THE OTHER CHARTER DOCUMENTS BROUGHT IN ANY NEW YORK STATE COURT OR FEDERAL COURT SITTING IN THE STATE OF NEW YORK, c) WAIVES ANY CLAIMS THAT ANY LITIGATION BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM, d) BORROWER IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS OUT OF ANY OF THE AFOREMENTIONED COURTS IN ANY SUCH LITIGATION ACTION OR PROCEEDING BY THE MAILING OF COPIES THEREOF BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO THE CHARTERER BORROWER AT THE ADDRESS SET FORTH HEREIN AND e) AGREES THAT ANY LEGAL PROCEEDING AGAINST THE CHARTERER ARISING OUT OF, RELATED TO OR FOR IT SPECIFIED IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS OR THE OBLIGATIONS HEREUNDER OR THEREUNDER MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION IN THE STATE OF NEW YORKSECTION 9.1 HEREOF. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE OWNER LENDER TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE CHARTERER OR ANY OF THE OTHER MEMBER OF THE CHARTERER GROUP BORROWER IN ANY OTHER JURISDICTION OR JURISDICTION, SUBJECT IN EACH INSTANCE TO SERVE PROCESS IN ANY MANNER PERMITTED BY APPLICABLE LAWTHE PROVISIONS HEREOF WITH RESPECT TO RIGHTS AND REMEDIES.

Venue; Service of Process. THE CHARTERERGUARANTOR, FOR ITSELF, ITS SUCCESSORS ------------------------- AND ASSIGNS, HEREBY KNOWINGLY AND INTENTIONALLY AND (A) IRREVOCABLY AND UNCONDITIONALLY a) SUBMITS, FOR ITSELF AND ITS PROPERTY, SUBMITS TO THE NONEXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF THE STATE OF NEW YORK AND THE FEDERAL COURTS SITTING IN THE STATE OF NEW YORK TEXAS AND AGREES AND CONSENTS THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN ANY LEGAL PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER LOAN DOCUMENTS AND THE OBLIGATION BY SERVICE OF PROCESS AS PROVIDED BY NEW YORK TEXAS LAW, b(B) IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER LOAN DOCUMENTS AND THE OBLIGATION BROUGHT IN ANY NEW YORK STATE COURT THE COURTS OF DALLAS COUNTY, TEXAS, OR FEDERAL COURT SITTING IN THE STATE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORKTEXAS, c(C) IRREVOCABLY WAIVES ANY CLAIMS THAT ANY LITIGATION BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM, d(D) AGREES TO DESIGNATE AND MAINTAIN AN AGENT FOR SERVICE OF PROCESS IN DALLAS COUNTY, TEXAS, IN CONNECTION WITH ANY SUCH LITIGATION AND TO DELIVER TO LENDER EVIDENCE THEREOF, (E) IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS OUT OF ANY OF THE AFOREMENTIONED COURTS IN ANY SUCH LITIGATION BY THE MAILING OF COPIES THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO THE CHARTERER GUARANTOR AT THE ITS ADDRESS SET FORTH HEREIN HEREIN, AND e(F) IRREVOCABLY AGREES THAT ANY LEGAL PROCEEDING AGAINST THE CHARTERER LENDER ARISING OUT OF, RELATED TO OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER LOAN DOCUMENTS OR THE OBLIGATIONS HEREUNDER OR THEREUNDER MAY OBLIGATION SHALL BE BROUGHT IN ANY COURT THE COURTS OF COMPETENT JURISDICTION DALLAS COUNTY, TEXAS, OR IN THE STATE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORKTEXAS. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE OWNER LENDER TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE CHARTERER OR ANY OF THE OTHER MEMBER OF THE CHARTERER GROUP GUARANTOR IN ANY OTHER JURISDICTION OR TO SERVE PROCESS IN ANY MANNER PERMITTED BY APPLICABLE LAW. As used herein, the term "Litigation" means any proceeding, claim, lawsuit or ---------- investigation (i) conducted or threatened by or before any court or governmental department, commission, board, bureau, agency or instrumentality of the United States or of any state, commonwealth, nation, territory, possession, county, parish, or municipality, whether now or hereafter constituted or existing, or (ii) pending before any public or private arbitration board or panel.

Venue; Service of Process. THE CHARTERER, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, EACH PARTY HERETO (EACH A "SUBMITTING PARTY") HEREBY KNOWINGLY AND INTENTIONALLY AND IRREVOCABLY AND UNCONDITIONALLY a) SUBMITS, FOR ITSELF AND ITS PROPERTY, ---------------- SUBMITS TO THE NONEXCLUSIVE JURISDICTION OF THE STATE COURTS OF THE STATE OF NEW YORK IN NEW YORK COUNTY AND TO THE FEDERAL COURTS SITTING IN JURISDICTION OF THE STATE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK AND AGREES AND CONSENTS THAT SERVICE SITTING IN NEW YORK COUNTY, FOR THE PURPOSES OF PROCESS MAY BE MADE UPON IT IN ANY LEGAL SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF OR IN CONNECTION WITH BASED UPON THIS CHARTER OR CREDIT AGREEMENT (INCLUDING, BUT NOT LIMITED TO, THE LETTERS OF CREDIT, THE SUBJECT MATTER HEREOF, ANY OTHER CHARTER DOCUMENTS BY SERVICE OF PROCESS AS PROVIDED BY NEW YORK LAW, b) WAIVES, FUNDAMENTAL DOCUMENT AND THE SUBJECT MATTER THEREOF). EACH SUBMITTING PARTY TO THE EXTENT PERMITTED BY LAWAPPLICABLE LAW (A) HEREBY WAIVES, ANY OBJECTION WHICH IT MAY NOW AND AGREES NOT TO ASSERT, BY WAY OF MOTION, AS A DEFENSE, OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS BROUGHT IN ANY NEW YORK STATE COURT OR FEDERAL COURT SITTING IN THE STATE OF NEW YORKOTHERWISE, c) WAIVES ANY CLAIMS THAT ANY LITIGATION BROUGHT IN ANY SUCH COURT HAS BEEN SUIT, ACTION OR OTHER PROCEEDING BROUGHT IN THE ABOVE-NAMED COURTS, ANY CLAIM THAT IT IS NOT SUBJECT PERSONALLY TO THE JURISDICTION OF SUCH COURTS, THAT ITS PROPERTY IS EXEMPT OR IMMUNE FROM ATTACHMENT OR EXECUTION, THAT THE SUIT, ACTION OR PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM, dTHAT THE VENUE OF THE SUIT, ACTION OR PROCEEDING IS IMPROPER OR THAT THIS CREDIT AGREEMENT, THE SUBJECT MATTER HEREOF, ANY OTHER FUNDAMENTAL DOCUMENT OR THE SUBJECT MATTER THEREOF (AS APPLICABLE) MAY NOT BE ENFORCED IN OR BY SUCH COURT AND (B) HEREBY WAIVES THE RIGHT TO ASSERT IN ANY SUCH ACTION, SUIT OR PROCEEDING ANY OFFSETS OR COUNTERCLAIMS EXCEPT COUNTERCLAIMS THAT ARE COMPULSORY OR OTHERWISE ARISE FROM THE SAME SUBJECT MATTER. EACH SUBMITTING PARTY HEREBY CONSENTS TO THE SERVICE OF PROCESS OUT BY MAIL AT THE ADDRESS TO WHICH NOTICES ARE TO BE GIVEN TO IT PURSUANT TO SECTION 13.1 HEREOF. EACH SUBMITTING PARTY AGREES THAT ITS SUBMISSION TO JURISDICTION AND CONSENT TO SERVICE OF ANY PROCESS BY MAIL IS MADE FOR THE EXPRESS BENEFIT OF EACH OF THE AFOREMENTIONED COURTS OTHER SUBMITTING PARTIES. FINAL JUDGMENT AGAINST ANY SUBMITTING PARTY IN ANY SUCH LITIGATION BY THE MAILING OF COPIES THEREOF BY CERTIFIED MAILACTION, RETURN RECEIPT REQUESTEDSUIT OR PROCEEDING SHALL BE CONCLUSIVE, POSTAGE PREPAID, TO THE CHARTERER AT THE ADDRESS SET FORTH HEREIN AND e) AGREES THAT ANY LEGAL PROCEEDING AGAINST THE CHARTERER ARISING OUT OF, RELATED TO OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS OR THE OBLIGATIONS HEREUNDER OR THEREUNDER MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION IN THE STATE OF NEW YORK. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE OWNER TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE CHARTERER OR ANY OF THE OTHER MEMBER OF THE CHARTERER GROUP ENFORCED IN ANY OTHER JURISDICTION (X) BY SUIT, ACTION OR TO SERVE PROCESS PROCEEDING ON THE JUDGMENT, A CERTIFIED OR TRUE COPY OF WHICH SHALL BE CONCLUSIVE EVIDENCE OF THE FACT AND OF THE AMOUNT OF INDEBTEDNESS OR LIABILITY OF THE SUBMITTING PARTY THEREIN DESCRIBED OR (Y) IN ANY OTHER MANNER PERMITTED PROVIDED BY APPLICABLE LAWOR PURSUANT TO THE LAWS OF SUCH OTHER JURISDICTION, PROVIDED, HOWEVER, THAT THE ADMINISTRATIVE AGENT MAY -------- ------- AT ITS OPTION BRING SUIT, OR INSTITUTE OTHER JUDICIAL PROCEEDINGS AGAINST A SUBMITTING PARTY OR ANY OF ITS ASSETS IN ANY XXXXX XX XXXXXXX XXXXX XX XXX XXXXXX XXXXXX OR OF ANY COUNTRY OR PLACE WHERE THE SUBMITTING PARTY OR SUCH ASSETS MAY BE FOUND.

Venue; Service of Process. THE CHARTERERLENDER, THE BORROWER AND ITS SUBSIDIARIES, FOR ITSELFTHEMSELVES, ITS THEIR SUCCESSORS AND ASSIGNS, HEREBY KNOWINGLY AND INTENTIONALLY AND IRREVOCABLY AND UNCONDITIONALLY a) SUBMITS, FOR ITSELF AND ITS PROPERTY, SUBMIT TO THE NONEXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF THE STATE OF NEW YORK TEXAS AND THE FEDERAL COURTS SITTING IN THE STATE OF NEW YORK AGREE AND AGREES AND CONSENTS CONSENT THAT SERVICE OF PROCESS MAY BE MADE UPON IT THEM IN ANY LEGAL PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER THE LOAN DOCUMENTS, OR THE OTHER CHARTER DOCUMENTS OBLIGATIONS BY SERVICE OF PROCESS AS PROVIDED BY NEW YORK TEXAS LAW, b) WAIVESIRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION WHICH IT THEY MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER THE LOAN DOCUMENTS, OR THE OTHER CHARTER DOCUMENTS OBLIGATIONS BROUGHT IN ANY NEW YORK STATE COURT DISTRICT COURTS OF DALLAS COUNTY, TEXAS, OR FEDERAL COURT SITTING IN THE STATE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORKTEXAS, c) WAIVES DALLAS DIVISION, IRREVOCABLY WAIVE ANY CLAIMS THAT ANY LITIGATION BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM, d) CONSENTS AGREE TO DESIGNATE AND MAINTAIN AN AGENT FOR SERVICE OF PROCESS IN DALLAS, TEXAS, IN CONNECTION WITH ANY SUCH LITIGATION AND TO DELIVER TO ADMINISTRATIVE LENDER EVIDENCE THEREOF, IRREVOCABLY CONSENT TO THE SERVICE OF PROCESS OUT OF ANY OF THE AFOREMENTIONED COURTS IN ANY SUCH LITIGATION BY THE MAILING OF COPIES THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO THE CHARTERER BORROWER AT THE ADDRESS SET FORTH HEREIN HEREIN, AND e) AGREES IRREVOCABLY AGREE THAT ANY LEGAL PROCEEDING AGAINST THE CHARTERER LENDERS ARISING OUT OF, RELATED TO OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS LOAN DOCUMENTS, OR THE OBLIGATIONS HEREUNDER OR THEREUNDER MAY SHALL BE BROUGHT IN ANY COURT THE DISTRICT COURTS OF COMPETENT JURISDICTION DALLAS COUNTY, TEXAS, OR IN THE STATE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORKTEXAS, DALLAS DIVISION. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE OWNER LENDERS TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE CHARTERER BORROWER OR ANY OF THE OTHER MEMBER OF THE CHARTERER GROUP ITS SUBSIDIARIES IN ANY OTHER JURISDICTION OR TO SERVE PROCESS IN ANY MANNER PERMITTED BY APPLICABLE LAW.

Venue; Service of Process. ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS SECURITY AGREEMENT OR ANY OTHER LOAN DOCUMENT MAY BE BROUGHT IN THE CHARTERER, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, HEREBY KNOWINGLY AND INTENTIONALLY AND IRREVOCABLY AND UNCONDITIONALLY a) SUBMITS, FOR ITSELF AND ITS PROPERTY, TO THE NONEXCLUSIVE JURISDICTION OF THE STATE COURTS OF THE STATE OF NEW YORK FLORIDA SITUATED IN BROWARD COUNTY, OR OF THE UNITED STATES OF AMERICA FOR THE SOUTHERN DISTRICT OF FLORIDA AND, BY EXECUTION AND DELIVERY OF THIS SECURITY AGREEMENT, THE FEDERAL COURTS SITTING COMPANY HEREBY ACCEPTS FOR ITSELF AND IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, THE STATE JURISDICTION OF NEW YORK AND AGREES AND CONSENTS THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN ANY LEGAL PROCEEDING ARISING OUT OF OR THE AFORESAID COURTS. THE COMPANY HEREBY IRREVOCABLY WAIVES, IN CONNECTION WITH THIS CHARTER ANY SUCH ACTION OR THE OTHER CHARTER DOCUMENTS BY SERVICE OF PROCESS AS PROVIDED BY NEW YORK LAWPROCEEDING, b(A) WAIVESANY OBJECTION, TO THE EXTENT PERMITTED BY LAWINCLUDING, WITHOUT LIMITATION, ANY OBJECTION WHICH TO THE LAYING OF VENUE OR BASED ON THE GROUNDS OF FORUM NON CONVENIENS, THAT IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE BRINGING OF ANY LITIGATION ARISING OUT OF SUCH ACTION OR PROCEEDING IN CONNECTION WITH THIS CHARTER SUCH RESPECTIVE JURISDICTIONS AND (B) THE RIGHT TO INTERPOSE ANY NONCOMPULSORY SETOFF, COUNTERCLAIM OR CROSS-CLAIM. THE OTHER CHARTER DOCUMENTS BROUGHT IN ANY NEW YORK STATE COURT OR FEDERAL COURT SITTING IN THE STATE OF NEW YORK, c) WAIVES ANY CLAIMS THAT ANY LITIGATION BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM, d) COMPANY IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS OUT OF ANY OF THE AFOREMENTIONED COURTS IN ANY SUCH LITIGATION ACTION OR PROCEEDING BY THE MAILING OF COPIES THEREOF BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO THE CHARTERER COMPANY AT THE ADDRESS SET FORTH HEREIN AND e) AGREES THAT ANY LEGAL PROCEEDING AGAINST THE CHARTERER ARISING OUT OF, RELATED TO OR FOR IT SPECIFIED IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS OR THE OBLIGATIONS HEREUNDER OR THEREUNDER MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION IN THE STATE OF NEW YORKSECTION 9.1 HEREOF. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE OWNER TRUSTEE OR HOLDERS TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE CHARTERER OR ANY OF THE OTHER MEMBER OF THE CHARTERER GROUP COMPANY IN ANY OTHER JURISDICTION OR JURISDICTION, SUBJECT IN EACH INSTANCE TO SERVE PROCESS IN ANY MANNER PERMITTED BY APPLICABLE LAWTHE PROVISIONS HEREOF WITH RESPECT TO RIGHTS AND REMEDIES.

Venue; Service of Process. THE CHARTERERBORROWER, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, HEREBY KNOWINGLY AND INTENTIONALLY AND (A) IRREVOCABLY AND UNCONDITIONALLY a) SUBMITS, FOR ITSELF AND ITS PROPERTY, SUBMITS TO THE NONEXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF THE STATE OF NEW YORK AND THE FEDERAL COURTS SITTING IN THE STATE OF NEW YORK TEXAS AND AGREES AND CONSENTS THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN ANY LEGAL PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS LOAN PAPERS AND THE OBLIGATION BY SERVICE OF PROCESS AS PROVIDED BY NEW YORK TEXAS LAW, b(B) IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS LOAN PAPERS AND THE OBLIGATION BROUGHT IN ANY NEW YORK STATE COURT DISTRICT COURTS OF DALLAS COUNTY, TEXAS, OR FEDERAL COURT SITTING IN THE STATE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORKTEXAS, cDALLAS DIVISION, (C) IRREVOCABLY WAIVES ANY CLAIMS THAT ANY LITIGATION BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM, d(D) IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS OUT OF ANY OF THE AFOREMENTIONED COURTS IN ANY SUCH LITIGATION BY THE MAILING OF COPIES THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO THE CHARTERER SUCH BORROWER AT THE ITS ADDRESS SET FORTH HEREIN HEREIN, AND e(E) IRREVOCABLY AGREES THAT ANY LEGAL PROCEEDING AGAINST THE CHARTERER LENDER ARISING OUT OF, RELATED TO OF OR IN CONNECTION WITH THIS CHARTER THE LOAN PAPERS OR THE OTHER CHARTER DOCUMENTS OR THE OBLIGATIONS HEREUNDER OR THEREUNDER MAY OBLIGATION SHALL BE BROUGHT IN ANY COURT THE DISTRICT COURTS OF COMPETENT JURISDICTION DALLAS COUNTY, TEXAS, OR IN THE STATE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORKTEXAS, DALLAS DIVISION. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE OWNER LENDER TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE CHARTERER OR ANY OF THE OTHER MEMBER OF THE CHARTERER GROUP BORROWER IN ANY OTHER JURISDICTION OR TO SERVE PROCESS IN ANY MANNER PERMITTED BY APPLICABLE LAW.

Venue; Service of Process. THE CHARTERER, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, EACH PARTY HERETO (EACH A "SUBMITTING PARTY") HEREBY KNOWINGLY AND INTENTIONALLY AND IRREVOCABLY AND UNCONDITIONALLY a) SUBMITS, FOR ITSELF AND ITS PROPERTY, SUBMITS TO THE NONEXCLUSIVE JURISDICTION OF THE STATE COURTS OF THE STATE OF NEW YORK IN NEW YORK COUNTY AND TO THE FEDERAL COURTS SITTING IN JURISDICTION OF THE STATE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK AND AGREES AND CONSENTS THAT SERVICE SITTING IN NEW YORK COUNTY, FOR THE PURPOSES OF PROCESS MAY BE MADE UPON IT IN ANY LEGAL SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF OR IN CONNECTION WITH BASED UPON THIS CHARTER OR CREDIT AGREEMENT (INCLUDING, BUT NOT LIMITED TO, THE LETTERS OF CREDIT, THE SUBJECT MATTER HEREOF, ANY OTHER CHARTER DOCUMENTS BY SERVICE OF PROCESS AS PROVIDED BY NEW YORK LAW, b) WAIVES, FUNDAMENTAL DOCUMENT AND THE SUBJECT MATTER THEREOF). EACH SUBMITTING PARTY TO THE EXTENT PERMITTED BY LAWAPPLICABLE LAW (A) HEREBY WAIVES, ANY OBJECTION WHICH IT MAY NOW AND AGREES NOT TO ASSERT, BY WAY OF MOTION, AS A DEFENSE, OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS BROUGHT IN ANY NEW YORK STATE COURT OR FEDERAL COURT SITTING IN THE STATE OF NEW YORKOTHERWISE, c) WAIVES ANY CLAIMS THAT ANY LITIGATION BROUGHT IN ANY SUCH COURT HAS BEEN SUIT, ACTION OR OTHER PROCEEDING BROUGHT IN THE ABOVE-NAMED COURTS, ANY CLAIM THAT IT IS NOT SUBJECT PERSONALLY TO THE JURISDICTION OF SUCH COURTS, THAT ITS PROPERTY IS EXEMPT OR IMMUNE FROM ATTACHMENT OR EXECUTION, THAT THE SUIT, ACTION OR PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM, dTHAT THE VENUE OF THE SUIT, ACTION OR PROCEEDING IS IMPROPER OR THAT THIS CREDIT AGREEMENT, THE SUBJECT MATTER HEREOF, ANY OTHER FUNDAMENTAL DOCUMENT OR THE SUBJECT MATTER THEREOF (AS APPLICABLE) MAY NOT BE ENFORCED IN OR BY SUCH COURT AND (B) HEREBY WAIVES THE RIGHT TO ASSERT IN ANY SUCH ACTION, SUIT OR PROCEEDING ANY OFFSETS OR COUNTERCLAIMS EXCEPT COUNTERCLAIMS THAT ARE COMPULSORY OR OTHERWISE ARISE FROM THE SAME SUBJECT MATTER. EACH SUBMITTING PARTY HEREBY CONSENTS TO THE SERVICE OF PROCESS OUT BY MAIL AT THE ADDRESS TO WHICH NOTICES ARE TO BE GIVEN TO IT PURSUANT TO SECTION 13.1 HEREOF. EACH SUBMITTING PARTY AGREES THAT ITS SUBMISSION TO JURISDICTION AND CONSENT TO SERVICE OF ANY PROCESS BY MAIL IS MADE FOR THE EXPRESS BENEFIT OF EACH OF THE AFOREMENTIONED COURTS OTHER SUBMITTING PARTIES. FINAL JUDGMENT AGAINST ANY SUBMITTING PARTY IN ANY SUCH LITIGATION BY THE MAILING OF COPIES THEREOF BY CERTIFIED MAILACTION, RETURN RECEIPT REQUESTEDSUIT OR PROCEEDING SHALL BE CONCLUSIVE, POSTAGE PREPAID, TO THE CHARTERER AT THE ADDRESS SET FORTH HEREIN AND e) AGREES THAT ANY LEGAL PROCEEDING AGAINST THE CHARTERER ARISING OUT OF, RELATED TO OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS OR THE OBLIGATIONS HEREUNDER OR THEREUNDER MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION IN THE STATE OF NEW YORK. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE OWNER TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE CHARTERER OR ANY OF THE OTHER MEMBER OF THE CHARTERER GROUP ENFORCED IN ANY OTHER JURISDICTION (X) BY SUIT, ACTION OR TO SERVE PROCESS PROCEEDING ON THE JUDGMENT, A CERTIFIED OR TRUE COPY OF WHICH SHALL BE CONCLUSIVE EVIDENCE OF THE FACT AND OF THE AMOUNT OF INDEBTEDNESS OR LIABILITY OF THE SUBMITTING PARTY THEREIN DESCRIBED OR (Y) IN ANY OTHER MANNER PERMITTED PROVIDED BY APPLICABLE LAWOR PURSUANT TO THE LAWS OF SUCH OTHER JURISDICTION, PROVIDED, HOWEVER, THAT THE ADMINISTRATIVE AGENT MAY AT ITS OPTION BRING SUIT, OR INSTITUTE OTHER JUDICIAL PROCEEDINGS AGAINST A SUBMITTING PARTY OR ANY OF ITS ASSETS IN ANY XXXXX XX XXXXXXX XXXXX XX XXX XXXXXX XXXXXX OR OF ANY COUNTRY OR PLACE WHERE THE SUBMITTING PARTY OR SUCH ASSETS MAY BE FOUND.

Venue; Service of Process. THE CHARTERER, EACH CREDIT PARTY FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, HEREBY KNOWINGLY AND INTENTIONALLY AND (A) IRREVOCABLY AND UNCONDITIONALLY a) SUBMITS, FOR ITSELF AND ITS PROPERTY, SUBMITS TO THE NONEXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF THE STATE OF NEW YORK AND THE FEDERAL COURTS SITTING IN THE STATE OF NEW YORK TEXAS AND AGREES AND CONSENTS THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN ANY LEGAL PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER LOAN DOCUMENTS AND THE OBLIGATIONS BY SERVICE OF PROCESS AS PROVIDED BY NEW YORK TEXAS LAW, b(B) IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER LOAN DOCUMENTS AND THE OBLIGATIONS BROUGHT IN ANY NEW YORK STATE COURT THE COURTS OF DALLAS COUNTY, TEXAS, OR FEDERAL COURT SITTING IN THE STATE UNTIED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORKTEXAS, c(C) IRREVOCABLY WAIVES ANY CLAIMS THAT ANY LITIGATION BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM, d(D) AGREES TO DESIGNATE AND MAINTAIN AN AGENT FOR SERVICE OF PROCESS IN DALLAS COUNTY, TEXAS, IN CONNECTION WITH ANY SUCH LITIGATION AND TO DELIVER TO ADMINISTRATIVE AGENT EVIDENCE THEREOF, (E) IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS OUT OF ANY OF THE AFOREMENTIONED COURTS IN ANY SUCH LITIGATION BY THE MAILING OF COPIES THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO THE CHARTERER BORROWER AT THE ITS ADDRESS SET FORTH HEREIN HEREIN, AND e(F) IRREVOCABLY AGREES THAT ANY LEGAL PROCEEDING AGAINST THE CHARTERER ADMINISTRATIVE AGENT OR ANY BANK ARISING OUT OF, RELATED TO OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER LOAN DOCUMENTS OR THE OBLIGATIONS HEREUNDER OR THEREUNDER MAY SHALL BE BROUGHT IN ANY COURT THE COURTS OF COMPETENT JURISDICTION DALLAS COUNTY, TEXAS, OR IN THE STATE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORKTEXAS. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE OWNER ADMINISTRATIVE AGENT OR ANY BANK TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE CHARTERER BORROWER OR ANY OF THE OTHER MEMBER OF THE CHARTERER GROUP CREDIT PARTY IN ANY OTHER JURISDICTION OR TO SERVE PROCESS IN ANY MANNER PERMITTED BY APPLICABLE LAW.

Venue; Service of Process. THE CHARTEREREACH BORROWER AND PARENT, FOR ITSELF, ------------------------- ITS SUCCESSORS AND ASSIGNS, HEREBY KNOWINGLY AND INTENTIONALLY AND (A) IRREVOCABLY AND UNCONDITIONALLY a) SUBMITS, FOR ITSELF AND ITS PROPERTY, SUBMITS TO THE NONEXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF THE STATE OF NEW YORK AND THE FEDERAL COURTS SITTING IN THE STATE OF NEW YORK TEXAS AND AGREES AND CONSENTS THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN ANY LEGAL PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER LOAN DOCUMENTS AND THE OBLIGATION BY SERVICE OF PROCESS AS PROVIDED BY NEW YORK TEXAS LAW, b(B) IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER LOAN DOCUMENTS AND THE OBLIGATION BROUGHT IN ANY NEW YORK STATE COURT THE COURTS OF DALLAS COUNTY, TEXAS, OR FEDERAL COURT SITTING IN THE STATE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORKTEXAS, c(C) IRREVOCABLY WAIVES ANY CLAIMS THAT ANY LITIGATION BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM, d(D) AGREES TO DESIGNATE AND MAINTAIN AN AGENT FOR SERVICE OF PROCESS IN DALLAS COUNTY, TEXAS, IN CONNECTION WITH ANY SUCH LITIGATION AND TO DELIVER TO LENDER EVIDENCE THEREOF, (E) IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS OUT OF ANY OF THE AFOREMENTIONED COURTS IN ANY SUCH LITIGATION BY THE MAILING OF COPIES THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO THE CHARTERER SUCH BORROWER AT THE ITS ADDRESS SET FORTH HEREIN HEREIN, AND e(F) IRREVOCABLY AGREES THAT ANY LEGAL PROCEEDING AGAINST THE CHARTERER LENDER ARISING OUT OF, RELATED TO OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER LOAN DOCUMENTS OR THE OBLIGATIONS HEREUNDER OR THEREUNDER MAY OBLIGATION SHALL BE BROUGHT IN ANY COURT THE COURTS OF COMPETENT JURISDICTION DALLAS COUNTY, TEXAS, OR IN THE STATE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORKTEXAS. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE OWNER LENDER TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE CHARTERER OR ANY OF THE OTHER MEMBER OF THE CHARTERER GROUP EITHER BORROWER IN ANY OTHER JURISDICTION OR TO SERVE PROCESS IN ANY MANNER PERMITTED BY APPLICABLE LAW.

Venue; Service of Process. THE CHARTERER, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, EACH BORROWER HEREBY KNOWINGLY AND INTENTIONALLY AND IRREVOCABLY AND UNCONDITIONALLY a) SUBMITS, FOR SUBMITS ITSELF AND ITS PROPERTY, TO THE NONEXCLUSIVE NON-EXCLUSIVE JURISDICTION OF THE STATE COURTS OF THE STATE OF NEW YORK AND THE FEDERAL COURTS SITTING LOCATED IN THE STATE OF NEW YORK HENNEPIN COUNTY, MINNESOTA, AND AGREES AND CONSENTS THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN ANY LEGAL PROCEEDING RELATING TO THIS AGREEMENT, ANY BORROWING HEREUNDER OR ANY OTHER RELATIONSHIP BETWEEN OR AMONG LENDER AND BORROWERS (OR ANY OF THEM) BY ANY MEANS ALLOWED UNDER STATE OR FEDERAL LAW. ANY LEGAL PROCEEDING ARISING OUT OF OR IN CONNECTION WITH ANY WAY RELATED TO THIS CHARTER OR THE OTHER CHARTER DOCUMENTS BY SERVICE OF PROCESS AS PROVIDED BY NEW YORK LAW, b) WAIVES, TO THE EXTENT PERMITTED BY LAWAGREEMENT, ANY OBJECTION WHICH IT BORROWING HEREUNDER OR ANY OTHER RELATIONSHIP BETWEEN OR AMONG LENDER AND BORROWERS (OR ANY OF THEM) MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS BE BROUGHT AND LITIGATED IN ANY NEW YORK ONE OF THE STATE COURT OR FEDERAL COURT SITTING COURTS LOCATED IN THE STATE HENNEPIN COUNTY, MINNESOTA, HAVING JURISDICTION. BORROWERS AND LENDER WAIVE AND AGREE NOT TO ASSERT, BY WAY OF NEW YORKMOTION, c) WAIVES ANY CLAIMS AS A DEFENSE OR OTHERWISE, THAT ANY LITIGATION BROUGHT IN ANY SUCH COURT HAS BEEN PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM, d) CONSENTS TO FORUM OR THAT THE SERVICE OF PROCESS OUT OF VENUE THEREOF IS IMPROPER. ANY JUDICIAL PROCEEDING BY BORROWERS (OR ANY OF THEM) AGAINST THE AFOREMENTIONED COURTS LENDER INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER IN ANY SUCH LITIGATION BY THE MAILING OF COPIES THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO THE CHARTERER AT THE ADDRESS SET FORTH HEREIN AND e) AGREES THAT ANY LEGAL PROCEEDING AGAINST THE CHARTERER WAY ARISING OUT OF, RELATED TO TO, OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS OR THE OBLIGATIONS HEREUNDER OR THEREUNDER MAY ANY LOAN DOCUMENT SHALL BE BROUGHT ONLY IN ANY A COURT OF COMPETENT JURISDICTION IN THE STATE OF NEW YORK. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE OWNER TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE CHARTERER OR ANY OF THE OTHER MEMBER OF THE CHARTERER GROUP IN ANY OTHER JURISDICTION OR TO SERVE PROCESS IN ANY MANNER PERMITTED BY APPLICABLE LAWMINNEAPOLIS, MINNESOTA.

Venue; Service of Process. THE CHARTEREREACH OBLIGOR, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, HEREBY KNOWINGLY AND INTENTIONALLY AND IRREVOCABLY AND UNCONDITIONALLY a(A) SUBMITS, FOR ITSELF AND ITS PROPERTY, TO THE NONEXCLUSIVE JURISDICTION OF THE STATE COURTS OF THE STATE OF NEW YORK AND THE FEDERAL COURTS SITTING IN THE STATE OF NEW YORK AND AGREES AND CONSENTS THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN ANY LEGAL PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER THE LOAN DOCUMENTS, OR THE OTHER CHARTER DOCUMENTS OBLIGATIONS BY SERVICE OF PROCESS AS PROVIDED BY NEW YORK LAW, b(B) WAIVES, WAIVES TO THE EXTENT PERMITTED BY LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER THE LOAN DOCUMENTS, OR THE OTHER CHARTER DOCUMENTS OBLIGATIONS BROUGHT IN ANY NEW YORK STATE COURT OR FEDERAL COURT SITTING IN THE CITY OF NEW YORK, STATE OF NEW YORK, c(C) WAIVES ANY CLAIMS THAT ANY LITIGATION BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM, d(D) CONSENTS TO THE SERVICE OF PROCESS OUT OF ANY OF THE AFOREMENTIONED COURTS IN ANY SUCH LITIGATION BY THE MAILING OF COPIES THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO THE CHARTERER BORROWER AT THE ADDRESS SET FORTH HEREIN AND e(E) AGREES THAT ANY LEGAL PROCEEDING AGAINST THE CHARTERER SUCH OBLIGOR ARISING OUT OF, RELATED TO OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER LOAN DOCUMENTS OR THE OBLIGATIONS HEREUNDER OR THEREUNDER MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION IN THE STATE OF NEW YORKXXX XXXX XX XXX XXXX, XXXXXX XX XXX XXXX. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE OWNER LENDERS TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE CHARTERER OR ANY OF THE OTHER MEMBER OF THE CHARTERER GROUP OBLIGOR IN ANY OTHER JURISDICTION OR TO SERVE PROCESS IN ANY MANNER PERMITTED BY APPLICABLE LAW.

Venue; Service of Process. THE CHARTERER, FOR ITSELF, ITS SUCCESSORS BORROWER AND ASSIGNS, THE LENDER HEREBY KNOWINGLY AND INTENTIONALLY AND IRREVOCABLY AND UNCONDITIONALLY a) SUBMITS, FOR ITSELF AND ITS PROPERTY, TO AGREE THAT THE NONEXCLUSIVE JURISDICTION FEDERAL COURT OF THE STATE COURTS NORTHERN DISTRICT OF TEXAS (DALLAS DIVISION) OR, AT THE OPTION OF THE STATE OF NEW YORK LENDER, ANY COURT IN WHICH THE LENDER SHALL INITIATE LEGAL OR EQUITABLE PROCEEDINGS AND WHICH HAS SUBJECT MATTER JURISDICTION OVER THE MATTER IN CONTROVERSY AND WHICH SITS IN A JURISDICTION IN WHICH BORROWER TRANSACTS BUSINESS SHALL HAVE NON-EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ANY CLAIMS OR DISPUTES BETWEEN THE BORROWER AND THE FEDERAL COURTS SITTING IN THE STATE OF NEW YORK AND AGREES AND CONSENTS THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN ANY LEGAL PROCEEDING ARISING OUT OF LENDER, PERTAINING DIRECTLY OR IN CONNECTION WITH INDIRECTLY TO THIS CHARTER AGREEMENT OR THE OTHER CHARTER LOAN DOCUMENTS BY SERVICE OF PROCESS AS PROVIDED BY NEW YORK LAWOR TO ANY MATTER ARISING THEREFROM. The Borrower expressly submits and consents in advance to such jurisdiction in any action or proceeding commenced in such courts, b) WAIVEShereby waiving personal service of the summons and complaint or other process or papers issued therein and agreeing that service of such summons and complaint or other process or papers may be made by registered or certified mail addressed to the Borrower at the address set forth in SECTION 11.1(b), which service shall be deemed made upon receipt thereof. The non-exclusive choice of forum set forth in this section shall not be deemed to preclude the enforcement of any judgment obtained in such forum or the taking of any action under this agreement to enforce the same in any appropriate jurisdiction. ALL PARTIES HERETO AGREE THAT VENUE IS PROPER IN DALLAS COUNTY, TEXAS, THAT SUCH COUNTY IS A CONVENIENT FORUM IN WHICH TO THE EXTENT PERMITTED BY LAW, DECIDE ANY OBJECTION WHICH IT MAY NOW DISPUTE ARISING HEREUNDER AND HEREBY AGREE NOT TO ASSERT ANY ARGUMENT THAT SUCH COUNTY IS AN INCONVENIENT OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS BROUGHT IN ANY NEW YORK STATE COURT OR FEDERAL COURT SITTING IN THE STATE OF NEW YORK, c) WAIVES ANY CLAIMS THAT ANY LITIGATION BROUGHT IN IMPROPER FORUM FOR ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM, d) CONSENTS TO THE SERVICE OF PROCESS OUT OF ANY OF THE AFOREMENTIONED COURTS IN ANY SUCH LITIGATION BY THE MAILING OF COPIES THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO THE CHARTERER AT THE ADDRESS SET FORTH HEREIN AND e) AGREES THAT ANY LEGAL PROCEEDING AGAINST THE CHARTERER ARISING OUT OF, RELATED TO OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS OR THE OBLIGATIONS HEREUNDER OR THEREUNDER MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION IN THE STATE OF NEW YORK. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE OWNER TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE CHARTERER OR ANY OF THE OTHER MEMBER OF THE CHARTERER GROUP IN ANY OTHER JURISDICTION OR TO SERVE PROCESS IN ANY MANNER PERMITTED BY APPLICABLE LAWDISPUTE.

Venue; Service of Process. THE CHARTERER, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, EACH LOAN PARTY HEREBY KNOWINGLY AND INTENTIONALLY AND IRREVOCABLY AND UNCONDITIONALLY a) SUBMITS, FOR SUBMITS ITSELF AND ITS PROPERTY, TO THE NONEXCLUSIVE NON-EXCLUSIVE JURISDICTION OF THE STATE COURTS OF THE STATE OF NEW YORK AND THE FEDERAL COURTS SITTING LOCATED IN THE STATE OF NEW YORK LOS ANGELES COUNTY, CALIFORNIA, AND AGREES AND CONSENTS THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN ANY LEGAL PROCEEDING RELATING TO THIS AGREEMENT, ANY BORROWING HEREUNDER OR ANY OTHER RELATIONSHIP BETWEEN LENDER AND SUCH LOAN PARTY BY ANY MEANS ALLOWED UNDER STATE OR FEDERAL LAW. ANY LEGAL PROCEEDING ARISING OUT OF OR IN CONNECTION WITH ANY WAY RELATED TO THIS CHARTER OR THE OTHER CHARTER DOCUMENTS BY SERVICE OF PROCESS AS PROVIDED BY NEW YORK LAW, b) WAIVES, TO THE EXTENT PERMITTED BY LAWAGREEMENT, ANY OBJECTION WHICH IT BORROWING HEREUNDER OR ANY OTHER RELATIONSHIP BETWEEN LENDER AND SUCH LOAN PARTY MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS BE BROUGHT AND LITIGATED IN ANY NEW YORK ONE OF THE STATE COURT OR FEDERAL COURT SITTING COURTS LOCATED IN THE STATE LOS ANGELES COUNTY, CALIFORNIA, HAVING JURISDICTION. EACH LOAN PARTY AND XXXXXX XXXXX AND AGREE NOT TO ASSERT, BY WAY OF NEW YORKMOTION, c) WAIVES ANY CLAIMS AS A DEFENSE OR OTHERWISE, THAT ANY LITIGATION BROUGHT IN ANY SUCH COURT HAS BEEN PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM, d) CONSENTS FORUM OR THAT THE VENUE THEREOF IS IMPROPER. NOTHING HEREIN SHALL LIMIT THE RIGHT OF LENDER TO BRING PROCEEDINGS AGAINST ANY LOAN PARTY IN THE SERVICE OF PROCESS OUT COURTS OF ANY OF THE AFOREMENTIONED COURTS OTHER JURISDICTION. ANY JUDICIAL PROCEEDING BY ANY LOAN PARTY AGAINST LENDER INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER IN ANY SUCH LITIGATION BY THE MAILING OF COPIES THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO THE CHARTERER AT THE ADDRESS SET FORTH HEREIN AND e) AGREES THAT ANY LEGAL PROCEEDING AGAINST THE CHARTERER WAY ARISING OUT OF, RELATED TO TO, OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS OR THE OBLIGATIONS HEREUNDER OR THEREUNDER MAY ANY LOAN DOCUMENT SHALL BE BROUGHT ONLY IN ANY A COURT OF COMPETENT JURISDICTION IN THE STATE OF NEW YORKLOS ANGELES, CALIFORNIA. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE OWNER TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE CHARTERER OR ANY OF THE OTHER MEMBER OF THE CHARTERER GROUP IN ANY OTHER JURISDICTION OR TO SERVE PROCESS IN ANY MANNER PERMITTED BY APPLICABLE LAWEach Loan Party expressly waives personal service of the summons and complaint or other process or papers issued therein and agrees that service of such summons and complaint or other process or papers may be made by registered or certified mail addressed to such Loan Party at its address referenced in Section 11.1, which service shall be deemed to have been made on the date that receipt is deemed to have occurred for registered or certified mail as provided in Section 11.1.

Venue; Service of Process. THE CHARTERERBORROWER, FOR ITSELF, ITS SUCCESSORS AND ------------------------- ASSIGNS, HEREBY KNOWINGLY AND INTENTIONALLY AND (A) IRREVOCABLY AND UNCONDITIONALLY a) SUBMITS, FOR ITSELF AND ITS PROPERTY, SUBMITS TO THE NONEXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF THE STATE OF NEW YORK AND THE FEDERAL COURTS SITTING IN THE STATE OF NEW YORK TEXAS AND AGREES AND CONSENTS THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN ANY LEGAL PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER LOAN DOCUMENTS AND THE OBLIGATION BY SERVICE OF PROCESS AS PROVIDED BY NEW YORK TEXAS LAW, b(B) IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER LOAN DOCUMENTS AND THE OBLIGATION BROUGHT IN ANY NEW YORK STATE COURT DISTRICT COURTS OF DALLAS COUNTY, TEXAS, OR FEDERAL COURT SITTING IN THE STATE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORKTEXAS, cDALLAS DIVISION, (C) IRREVOCABLY WAIVES ANY CLAIMS THAT ANY LITIGATION BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM, d(D) AGREES TO DESIGNATE AND MAINTAIN AN AGENT FOR SERVICE OF PROCESS IN DALLAS, TEXAS, IN CONNECTION WITH ANY SUCH LITIGATION AND TO DELIVER TO LENDER EVIDENCE THEREOF, (E) IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS OUT OF ANY OF THE AFOREMENTIONED COURTS IN ANY SUCH LITIGATION BY THE MAILING OF COPIES THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO THE CHARTERER SUCH BORROWER AT THE ITS ADDRESS SET FORTH HEREIN HEREIN, AND e(F) IRREVOCABLY AGREES THAT ANY LEGAL PROCEEDING AGAINST THE CHARTERER LENDER ARISING OUT OF, RELATED TO OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER LOAN DOCUMENTS OR ON THE OBLIGATIONS HEREUNDER OR THEREUNDER MAY OBLIGATION SHALL BE BROUGHT IN ANY COURT THE DISTRICT COURTS OF COMPETENT JURISDICTION DALLAS COUNTY, TEXAS, OR IN THE STATE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORKTEXAS, DALLAS DIVISION. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE OWNER LENDER TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE CHARTERER OR ANY OF THE OTHER MEMBER OF THE CHARTERER GROUP BORROWER IN ANY OTHER JURISDICTION OR TO SERVE PROCESS IN ANY MANNER PERMITTED BY APPLICABLE LAW.

Venue; Service of Process. THE CHARTERER, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, EACH LOAN PARTY HEREBY KNOWINGLY AND INTENTIONALLY AND IRREVOCABLY AND UNCONDITIONALLY a) SUBMITS, FOR SUBMITS ITSELF AND ITS PROPERTY, TO THE NONEXCLUSIVE NON-EXCLUSIVE JURISDICTION OF THE STATE COURTS OF THE STATE OF NEW YORK AND THE FEDERAL COURTS SITTING LOCATED IN THE STATE OF NEW YORK LOS ANGELES COUNTY, CALIFORNIA, AND AGREES AND CONSENTS THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN ANY LEGAL PROCEEDING RELATING TO THIS AGREEMENT, ANY BORROWING HEREUNDER OR ANY OTHER RELATIONSHIP BETWEEN LENDER AND SUCH LOAN PARTY BY ANY MEANS ALLOWED UNDER STATE OR FEDERAL LAW. ANY LEGAL PROCEEDING ARISING OUT OF OR IN CONNECTION WITH ANY WAY RELATED TO THIS CHARTER OR THE OTHER CHARTER DOCUMENTS BY SERVICE OF PROCESS AS PROVIDED BY NEW YORK LAW, b) WAIVES, TO THE EXTENT PERMITTED BY LAWAGREEMENT, ANY OBJECTION WHICH IT BORROWING HEREUNDER OR ANY OTHER RELATIONSHIP BETWEEN LENDER AND SUCH LOAN PARTY MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS BE BROUGHT AND LITIGATED IN ANY NEW YORK ONE OF THE STATE COURT OR FEDERAL COURT SITTING COURTS LOCATED IN THE STATE LOS ANGELES COUNTY, CALIFORNIA, HAVING JURISDICTION. EACH LOAN PARTY AND LENDER WAIVE AND AGREE NOT TO ASSERT, BY WAY OF NEW YORKMOTION, c) WAIVES ANY CLAIMS AS A DEFENSE OR OTHERWISE, THAT ANY LITIGATION BROUGHT IN ANY SUCH COURT HAS BEEN PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM, d) CONSENTS FORUM OR THAT THE VENUE THEREOF IS IMPROPER. NOTHING HEREIN SHALL LIMIT THE RIGHT OF LENDER TO BRING PROCEEDINGS AGAINST ANY LOAN PARTY IN THE SERVICE OF PROCESS OUT COURTS OF ANY OF THE AFOREMENTIONED COURTS OTHER JURISDICTION. ANY JUDICIAL PROCEEDING BY ANY LOAN PARTY AGAINST LENDER INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER IN ANY SUCH LITIGATION BY THE MAILING OF COPIES THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO THE CHARTERER AT THE ADDRESS SET FORTH HEREIN AND e) AGREES THAT ANY LEGAL PROCEEDING AGAINST THE CHARTERER WAY ARISING OUT OF, RELATED TO TO, OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS OR THE OBLIGATIONS HEREUNDER OR THEREUNDER MAY ANY LOAN DOCUMENT SHALL BE BROUGHT ONLY IN ANY A COURT OF COMPETENT JURISDICTION IN THE STATE OF NEW YORKLOS ANGELES COUNTY, CALIFORNIA. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE OWNER TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE CHARTERER OR ANY OF THE OTHER MEMBER OF THE CHARTERER GROUP IN ANY OTHER JURISDICTION OR TO SERVE PROCESS IN ANY MANNER PERMITTED BY APPLICABLE LAWEach Loan Party expressly waives personal service of the summons and complaint or other process or papers issued therein and agrees that service of such summons and complaint or other process or papers may be made by registered or certified mail addressed to such Loan Party at its address referenced in Section 11.1, which service shall be deemed to have been made on the date that receipt is deemed to have occurred for registered or certified mail as provided in Section 11.1.

Venue; Service of Process. THE CHARTERER, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, EACH PARTY HERETO (EACH A “SUBMITTING PARTY”) HEREBY KNOWINGLY AND INTENTIONALLY AND IRREVOCABLY AND UNCONDITIONALLY a) SUBMITS, FOR ITSELF AND ITS PROPERTY, SUBMITS TO THE NONEXCLUSIVE JURISDICTION OF THE STATE COURTS OF THE STATE OF NEW YORK IN NEW YORK COUNTY AND TO THE FEDERAL COURTS SITTING IN JURISDICTION OF THE STATE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK AND AGREES AND CONSENTS THAT SERVICE SITTING IN NEW YORK COUNTY, FOR THE PURPOSES OF PROCESS MAY BE MADE UPON IT IN ANY LEGAL SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF OR IN CONNECTION WITH BASED UPON THIS CHARTER OR CREDIT AGREEMENT (INCLUDING, BUT NOT LIMITED TO, THE LETTERS OF CREDIT, THE SUBJECT MATTER HEREOF, ANY OTHER CHARTER DOCUMENTS BY SERVICE OF PROCESS AS PROVIDED BY NEW YORK LAW, b) WAIVES, FUNDAMENTAL DOCUMENT AND THE SUBJECT MATTER THEREOF). EACH SUBMITTING PARTY TO THE EXTENT PERMITTED BY LAWAPPLICABLE LAW (A) HEREBY WAIVES, ANY OBJECTION WHICH IT MAY NOW AND AGREES NOT TO ASSERT, BY WAY OF MOTION, AS A DEFENSE, OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS BROUGHT IN ANY NEW YORK STATE COURT OR FEDERAL COURT SITTING IN THE STATE OF NEW YORKOTHERWISE, c) WAIVES ANY CLAIMS THAT ANY LITIGATION BROUGHT IN ANY SUCH COURT HAS BEEN SUIT, ACTION OR OTHER PROCEEDING BROUGHT IN THE ABOVE-NAMED COURTS, ANY CLAIM THAT IT IS NOT SUBJECT PERSONALLY TO THE JURISDICTION OF SUCH COURTS, THAT ITS PROPERTY IS EXEMPT OR IMMUNE FROM ATTACHMENT OR EXECUTION, THAT THE SUIT, ACTION OR PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM, dTHAT THE VENUE OF THE SUIT, ACTION OR PROCEEDING IS IMPROPER OR THAT THIS CREDIT AGREEMENT, THE SUBJECT MATTER HEREOF, ANY OTHER FUNDAMENTAL DOCUMENT OR THE SUBJECT MATTER THEREOF (AS APPLICABLE) MAY NOT BE ENFORCED IN OR BY SUCH COURT AND (B) HEREBY WAIVES THE RIGHT TO ASSERT IN ANY SUCH ACTION, SUIT OR PROCEEDING ANY OFFSETS OR COUNTERCLAIMS EXCEPT COUNTERCLAIMS THAT ARE COMPULSORY OR OTHERWISE ARISE FROM THE SAME SUBJECT MATTER. EACH SUBMITTING PARTY HEREBY CONSENTS TO THE SERVICE OF PROCESS OUT BY MAIL AT THE ADDRESS TO WHICH NOTICES ARE TO BE GIVEN TO IT PURSUANT TO SECTION 12.1 HEREOF. EACH SUBMITTING PARTY AGREES THAT ITS SUBMISSION TO JURISDICTION AND CONSENT TO SERVICE OF ANY PROCESS BY MAIL IS MADE FOR THE EXPRESS BENEFIT OF EACH OF THE AFOREMENTIONED COURTS OTHER SUBMITTING PARTIES. FINAL JUDGMENT AGAINST ANY SUBMITTING PARTY IN ANY SUCH LITIGATION BY THE MAILING OF COPIES THEREOF BY CERTIFIED MAILACTION, RETURN RECEIPT REQUESTEDSUIT OR PROCEEDING SHALL BE CONCLUSIVE, POSTAGE PREPAID, TO THE CHARTERER AT THE ADDRESS SET FORTH HEREIN AND e) AGREES THAT ANY LEGAL PROCEEDING AGAINST THE CHARTERER ARISING OUT OF, RELATED TO OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS OR THE OBLIGATIONS HEREUNDER OR THEREUNDER MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION IN THE STATE OF NEW YORK. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE OWNER TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE CHARTERER OR ANY OF THE OTHER MEMBER OF THE CHARTERER GROUP ENFORCED IN ANY OTHER JURISDICTION (X) BY SUIT, ACTION OR TO SERVE PROCESS PROCEEDING ON THE JUDGMENT, A CERTIFIED OR TRUE COPY OF WHICH SHALL BE CONCLUSIVE EVIDENCE OF THE FACT AND OF THE AMOUNT OF INDEBTEDNESS OR LIABILITY OF THE SUBMITTING PARTY THEREIN DESCRIBED OR (Y) IN ANY OTHER MANNER PERMITTED PROVIDED BY APPLICABLE LAWOR PURSUANT TO THE LAWS OF SUCH OTHER JURISDICTION, PROVIDED, HOWEVER, THAT THE ADMINISTRATIVE AGENT MAY AT ITS OPTION BRING SUIT, OR INSTITUTE OTHER JUDICIAL PROCEEDINGS AGAINST A SUBMITTING PARTY OR ANY OF ITS ASSETS IN ANY XXXXX XX XXXXXXX XXXXX XX XXX XXXXXX XXXXXX OR OF ANY COUNTRY OR PLACE WHERE THE SUBMITTING PARTY OR SUCH ASSETS MAY BE FOUND.

Venue; Service of Process. THE CHARTERER, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, EACH BORROWER HEREBY KNOWINGLY AND INTENTIONALLY AND IRREVOCABLY AND UNCONDITIONALLY a) SUBMITS, FOR SUBMITS ITSELF AND ITS PROPERTY, TO THE NONEXCLUSIVE NON-EXCLUSIVE JURISDICTION OF THE STATE COURTS OF THE STATE OF NEW YORK AND THE FEDERAL COURTS SITTING LOCATED IN THE STATE OF NEW YORK DALLAS COUNTY, TEXAS, AND AGREES AND CONSENTS THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN ANY LEGAL PROCEEDING RELATING TO THIS AGREEMENT, ANY BORROWING HEREUNDER OR ANY OTHER RELATIONSHIP BETWEEN LENDER AND ANY BORROWER BY ANY MEANS ALLOWED UNDER STATE OR FEDERAL LAW. ANY LEGAL PROCEEDING ARISING OUT OF OR IN CONNECTION WITH ANY WAY RELATED TO THIS CHARTER OR THE OTHER CHARTER DOCUMENTS BY SERVICE OF PROCESS AS PROVIDED BY NEW YORK LAW, b) WAIVES, TO THE EXTENT PERMITTED BY LAWAGREEMENT, ANY OBJECTION WHICH IT BORROWING HEREUNDER OR ANY OTHER RELATIONSHIP BETWEEN LENDER AND ANY BORROWER MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS BE BROUGHT AND LITIGATED IN ANY NEW YORK ONE OF THE STATE COURT OR FEDERAL COURT SITTING COURTS LOCATED IN THE STATE DALLAS COUNTY, TEXAS, HAVING JURISDICTION. EACH BORROWER AND LENDER WAIVE AND AGREE NOT TO ASSERT, BY WAY OF NEW YORKMOTION, c) WAIVES ANY CLAIMS AS A DEFENSE OR OTHERWISE, THAT ANY LITIGATION BROUGHT IN ANY SUCH COURT HAS BEEN PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM, d) CONSENTS FORUM OR THAT THE VENUE THEREOF IS IMPROPER. NOTHING HEREIN SHALL LIMIT THE RIGHT OF LENDER TO BRING PROCEEDINGS AGAINST ANY BORROWER IN THE SERVICE OF PROCESS OUT COURTS OF ANY OF THE AFOREMENTIONED COURTS OTHER JURISDICTION. ANY JUDICIAL PROCEEDING BY ANY BORROWER AGAINST LENDER INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER IN ANY SUCH LITIGATION BY THE MAILING OF COPIES THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO THE CHARTERER AT THE ADDRESS SET FORTH HEREIN AND e) AGREES THAT ANY LEGAL PROCEEDING AGAINST THE CHARTERER WAY ARISING OUT OF, RELATED TO TO, OR IN CONNECTION WITH THIS CHARTER OR THE OTHER CHARTER DOCUMENTS OR THE OBLIGATIONS HEREUNDER OR THEREUNDER MAY ANY LOAN DOCUMENT SHALL BE BROUGHT ONLY IN ANY A COURT OF COMPETENT JURISDICTION IN THE STATE OF NEW YORKDALLAS, TEXAS. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE OWNER TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE CHARTERER OR ANY OF THE OTHER MEMBER OF THE CHARTERER GROUP IN ANY OTHER JURISDICTION OR TO SERVE PROCESS IN ANY MANNER PERMITTED BY APPLICABLE LAWEach Borrower expressly waives personal service of the summons and complaint or other process or papers issued therein and agrees that service of such summons and complaint or other process or papers may be made by registered or certified mail addressed to such Borrower at its address referenced in Section 11.1, which service shall be deemed to have been made on the date that receipt is deemed to have occurred for registered or certified mail as provided in Section 11.1.