Common use of WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION Clause in Contracts

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. (a) EACH OF THE PARTIES HERETO WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THIS AGREEMENT. (b) EACH OF THE PARTIES HERETO SUBMITS FOR ITSELF AND ITS PROPERTY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR FOR RECOGNITION AND ENFORCEMENT OF ANY JUDGMENT IN RESPECT HEREOF TO THE NON-EXCLUSIVE GENERAL JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK AND THE COURTS OF THE UNITED STATES OF AMERICA FOR THE SOUTHERN DISTRICT OF NEW YORK, AND APPELLATE COURTS FROM ANY THEREOF. EACH OF THE PARTIES HERETO HEREBY WAIVES ANY OBJECTION THAT IT MAY NOW OR HEREAFTER HAVE TO THE VENUE OF ANY SUCH LEGAL ACTION, PROCEEDING OR JUDGMENT OR ANY SUCH COURT OR THAT SUCH LEGAL ACTION, PROCEEDING OR JUDGMENT IS BROUGHT OR OBTAINED IN AN INCONVENIENT COURT.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. (a) EACH OF THE PARTIES HERETO WAIVES, TO THE FULLEST EXTENT PERMITTED BY UNDER APPLICABLE LAW, ALL RIGHT EACH PARTY HERETO WAIVES ITS RESPECTIVE RIGHTS TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ASSIGNMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THIS AGREEMENT. (b) EACH OF THE PARTIES HERETO SUBMITS FOR ITSELF AND ITS PROPERTY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR FOR RECOGNITION AND ENFORCEMENT OF ANY JUDGMENT IN RESPECT HEREOF TO THE NON-EXCLUSIVE GENERAL JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK AND THE COURTS OF THE UNITED STATES OF AMERICA FOR THE SOUTHERN DISTRICT OF NEW YORK, AND APPELLATE COURTS FROM ANY THEREOF. EACH OF THE PARTIES HERETO HEREBY WAIVES ANY OBJECTION THAT IT MAY NOW OR HEREAFTER HAVE TO THE VENUE OF ANY SUCH LEGAL ACTION, PROCEEDING OR JUDGMENT OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY PARTY AGAINST THE OTHER PARTIES, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS, OR OTHERWISE. EACH PARTY HERETO AGREES THAT ANY SUCH CLAIM OR CAUSE OF ACTION SHALL BE TRIED BY A COURT OR TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT SUCH LEGAL THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING OR JUDGMENT IS BROUGHT OR OBTAINED WHICH SEEKS, IN AN INCONVENIENT COURT.WHOLE

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. (a) EACH OF THE PARTIES HERETO WAIVES, TO THE FULLEST EXTENT PERMITTED EXCEPT AS PROHIBITED BY LAW, ALL EACH PARTY HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY ACTION LITIGATION DIRECTLY OR PROCEEDING TO ENFORCE INDIRECTLY ARISING OUT OF, UNDER OR DEFEND ANY RIGHTS UNDER IN CONNECTION WITH THIS AGREEMENT, ANY OF THE OTHER LOAN DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY. (b) EACH OF THE PARTIES HERETO BORROWER IRREVOCABLY SUBMITS FOR ITSELF AND ITS PROPERTY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR FOR RECOGNITION AND ENFORCEMENT OF ANY JUDGMENT IN RESPECT HEREOF CONSENTS TO THE NON-EXCLUSIVE GENERAL JURISDICTION OF A STATE OR FEDERAL COURT SITTING IN PENNSYLVANIA OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THE COURTS OF THE STATE OF NEW YORK AND THE COURTS OF THE UNITED STATES OF AMERICA FOR THE SOUTHERN DISTRICT OF NEW YORKLOAN DOCUMENTS, AND APPELLATE COURTS FROM ANY THEREOF. EACH OF THE PARTIES HERETO BORROWER HEREBY WAIVES ANY OBJECTION IRREVOCABLY AGREES THAT IT MAY NOW OR HEREAFTER HAVE TO THE VENUE ALL CLAIMS IN RESPECT OF ANY SUCH LEGAL ACTION, ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH PENNSYLVANIA STATE OR JUDGMENT OR FEDERAL COURT. EACH BORROWER AGREES THAT SERVICE OF COPIES OF ANY SUMMONS AND COMPLAINT AND ANY OTHER PROCESS WHICH MAY BE SERVED IN ANY SUCH COURT ACTION MAY BE MADE BY MAILING BY REGISTERED MAIL OR THAT DELIVERING A COPY OF SUCH LEGAL ACTION, PROCEEDING OR JUDGMENT IS BROUGHT OR OBTAINED PROCESS TO EACH BORROWER AT THE ADDRESS SPECIFIED IN AN INCONVENIENT COURTSECTION 8.1.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. (aA) EACH OF THE PARTIES HERETO WAIVES, TO THE FULLEST EXTENT PERMITTED EXCEPT AS PROHIBITED BY LAW, ALL EACH PARTY HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY ACTION LITIGATION DIRECTLY OR PROCEEDING TO ENFORCE INDIRECTLY ARISING OUT OF, UNDER OR DEFEND ANY RIGHTS UNDER IN CONNECTION WITH THIS AGREEMENT, ANY OF THE OTHER LOAN DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY. (bB) EACH OF BORROWER IRREVOCABLY SUBMITS AND CONSENTS TO THE PARTIES HERETO SUBMITS FOR ITSELF AND ITS PROPERTY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR FOR RECOGNITION AND ENFORCEMENT JURISDICTION OF ANY JUDGMENT IN RESPECT HEREOF TO THE NON-EXCLUSIVE GENERAL JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK FLORIDA OR THE COMMONWEALTH OF PENNSYLVANIA AND OF ANY FEDERAL COURT SITTING IN THE COURTS STATE OF FLORIDA OR THE UNITED STATES COMMONWEALTH OF AMERICA FOR PENNSYLVANIA OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THE SOUTHERN DISTRICT OF NEW YORKLOAN DOCUMENTS, AND APPELLATE COURTS FROM ANY THEREOF. EACH OF THE PARTIES HERETO BORROWER HEREBY WAIVES ANY OBJECTION IRREVOCABLY AGREES THAT IT MAY NOW OR HEREAFTER HAVE TO THE VENUE ALL CLAIMS IN RESPECT OF ANY SUCH LEGAL ACTION, ACTION OR PROCEEDING OR JUDGMENT OR MAY BE HEARD AND DETERMINED IN SUCH COURT. BORROWER AGREES THAT SERVICE OF COPIES OF ANY SUMMONS AND COMPLAINT AND ANY OTHER PROCESS WHICH MAY BE SERVED IN ANY SUCH COURT OR THAT SUCH LEGAL ACTION, PROCEEDING OR JUDGMENT IS BROUGHT OR OBTAINED ACTION MAY BE MADE AT THE ADDRESS SPECIFIED IN AN INCONVENIENT COURTSECTION 8.1 IN THE MANNER PROVIDED BY LAW.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. (aA) EACH OF THE PARTIES HERETO WAIVES, TO THE FULLEST EXTENT PERMITTED EXCEPT AS PROHIBITED BY LAW, ALL EACH PARTY HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT, ANY OF THE OTHER LOAN DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY. (B) BORROWER IRREVOCABLY SUBMITS AND CONSENTS TO THE JURISDICTION OF ANY OF THE COURTS OR THE STATE OF FLORIDA OR THE COMMONWEALTH OF PENNSYLVANIA AND OR ANY FEDERAL COURT SITTING IN THE STATE OF FLORIDA OR THE COMMONWEALTH OF PENNSYLVANIA OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO ENFORCE OR DEFEND THE LOAN DOCUMENTS, AND BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF ANY RIGHTS UNDER THIS AGREEMENT. (b) EACH OF THE PARTIES HERETO SUBMITS FOR ITSELF AND ITS PROPERTY IN ANY LEGAL SUCH ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR FOR RECOGNITION MAY BE HEARD AND ENFORCEMENT DETERMINED IN SUCH COURT. BORROWER AGREES THAT SERVICE OF COPIES OF ANY JUDGMENT SUMMONS AND COMPLAINT AND ANY OTHER PROCESS WHICH MAY BE SERVED IN RESPECT HEREOF TO THE NON-EXCLUSIVE GENERAL JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK AND THE COURTS OF THE UNITED STATES OF AMERICA FOR THE SOUTHERN DISTRICT OF NEW YORK, AND APPELLATE COURTS FROM ANY THEREOF. EACH OF THE PARTIES HERETO HEREBY WAIVES ANY OBJECTION THAT IT MAY NOW OR HEREAFTER HAVE TO THE VENUE OF ANY SUCH LEGAL ACTION, PROCEEDING OR JUDGMENT OR ANY SUCH COURT OR THAT SUCH LEGAL ACTION, PROCEEDING OR JUDGMENT IS BROUGHT OR OBTAINED ACTION MAY BE MADE AT THE ADDRESS SPECIFIED IN AN INCONVENIENT COURTSection 9.1 IN THE MANNER PROVIDED BY LAW.