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

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. The Guarantor hereby waives the Guarantor's right to a jury trial with respect to: (i) any action or claim arising out of any dispute in connection with this Guaranty, any rights or obligations hereunder or the performance of such rights and obligations; and, (ii) any action or claim arising out of any dispute in connection with the Credit Agreement or any document, agreement or instrument executed in connection therewith (collectively, with the Credit Agreement and this Guaranty, the "LOAN DOCUMENTS"). Except as prohibited by law, the Guarantor hereby waives any right the Guarantor may have to claim or recover in any litigation referred to in the preceding sentence any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. The Guarantor (a) certifies that no representative, agent or attorney of the Bank has represented, expressly or otherwise, that the Bank would not, in the event of litigation, seek to enforce the foregoing waivers and (b) acknowledges that the Bank have been induced to give credit to such Customer by, among other things, the waivers and certifications contained herein. The Guarantor hereby further agrees that the following courts: (i) State Court-any state or local court of the State of Connecticut; and (ii) Federal Court-United States District Court for the District of Connecticut, or at the option of the Bank, any court in which the Bank shall initiate legal or equitable proceedings and which has subject matter and personal jurisdiction over the matter and parties in controversy, shall have exclusive jurisdiction to hear and determine any claims or disputes between the undersigned and the Bank pertaining directly or indirectly to the Loan Documents or to any matter arising therefrom. The Guarantor expressly submits and consents in advance to such jurisdiction in any action or proceeding commenced in such courts, hereby 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, return receipt requested, addressed to the undersigned at the address set forth below. Should the Guarantor fail to appear or answer any summons, complaint, process or papers so served within thirty (30) days after the mailing thereof, the Guarantor shall be deemed in default and an order and/or judgment may be entered against the Guarantor as demanded or prayed for in such summons, complaint, process or papers. The exclusive choice of forum set forth in this Guaranty shall not be deemed to preclude the enforcement of any judgment obtained in such forum or the taking of any action under the Loan Documents to enforce the same in any appropriate jurisdiction.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. (a) The Guarantor Borrowers, each Guarantor, each Lender and the Agent hereby specifically ratifies and confirms the waiver of jury trial set forth in Section 16.2 of the Credit Agreement. Without limiting the generality of the preceding ratification and confirmation, the Borrowers, each Guarantor, each Lender and the Agent, after consulting or having had the opportunity to consult with counsel, knowingly, voluntarily and intentionally waives any right any of them may have to a trial by jury in any litigation or proceeding based upon or arising out of this Amendment or any related instrument or agreement or any of the Guarantor's right transactions contemplated by this Amendment or any conduct, dealing, statements (whether oral or written) or actions of any of them. None of the Borrowers, the Guarantors, the Lenders or the Agent shall seek to consolidate, by counterclaim or otherwise, any such action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. These provisions shall not be deemed to have been modified in any respect or relinquished by any party hereto except by a written instrument executed by such party. (b) Each Borrower and each Guarantor agrees that any legal action or proceeding with respect to: (i) to this Amendment or any action related instrument or claim arising out of any dispute in connection with this Guarantyagreement, any rights or obligations hereunder or the performance of such rights and obligations; and, (ii) any action or claim arising out of any dispute in connection with including the Credit Agreement as previously amended and as amended hereby, or any documentwith respect to the transactions contemplated hereby, agreement or instrument executed in connection therewith (collectively, with the Credit Agreement and this Guaranty, the "LOAN DOCUMENTS"). Except as prohibited by law, the Guarantor hereby waives any right the Guarantor may have to claim or recover be brought in any litigation referred to in the preceding sentence any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. The Guarantor (a) certifies that no representative, agent or attorney of the Bank has represented, expressly or otherwise, that the Bank would not, in the event of litigation, seek to enforce the foregoing waivers and (b) acknowledges that the Bank have been induced to give credit to such Customer by, among other things, the waivers and certifications contained herein. The Guarantor hereby further agrees that the following courts: (i) State Court-any state or local court of the State of Connecticut; and (ii) Federal Court-United States District Court for the District of ConnecticutMichigan, sitting in or at the option of the Bank, any court in which the Bank shall initiate legal or equitable proceedings and which has subject matter and personal having jurisdiction over the matter County of Wayne, Michigan, or in any federal court located within the Eastern District of Michigan, and parties in controversy, shall have Borrowers and Guarantors hereby submit to and accept generally and unconditionally the non-exclusive jurisdiction of those courts with respect to hear their person and determine property and irrevocably consent to service of process in connection with any claims or disputes between the undersigned and the Bank pertaining directly or indirectly to the Loan Documents or to any matter arising therefrom. The Guarantor expressly submits and consents in advance to such jurisdiction in any action or proceeding commenced in by mailing such courts, hereby waiving personal service of the summons and complaintprocess (certified or registered, if capable of certification 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, return receipt requested, addressed registration) to the undersigned Borrowers and/or Guarantors at the address set forth belowthey may have from time to time provided to the Agent. Should Borrowers and Guarantors hereby irrevocably waive any objection based upon jurisdiction, improper venue or forum non conveniens in any such suit or proceeding in the above-described courts. Nothing contained herein shall limit the right of the Agent or the Lenders to serve process in any other manner permitted by law or limit the right of the Agent or the Lenders to commence any such action or proceeding in the courts of any other jurisdiction. Any judicial proceeding by any Borrower or any Guarantor fail to appear against the Agent or answer any summons, complaint, process or papers so served within thirty (30) days after the mailing thereof, the Guarantor Lender involving this Amendment shall be deemed brought only in default and an order and/or judgment may be entered against a court in Xxxxx County, Michigan or federal court located within the Guarantor as demanded or prayed for in such summons, complaint, process or papersEastern District of Michigan. The exclusive choice of forum set forth in this Guaranty shall not be deemed to preclude the enforcement of any judgment obtained in such forum or the taking of any action under the Loan Documents to enforce the same in any appropriate jurisdiction.[signatures next page]

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. (a) The Guarantor Borrowers, each Guarantor, each Lender and the Agent hereby specifically ratifies and confirms the waiver of jury trial set forth in Section 16.2 of the Credit Agreement. Without limiting the generality of the preceding ratification and confirmation, the Borrowers, each Guarantor, each Lender and the Agent, after consulting or having had the opportunity to consult with counsel, knowingly, voluntarily and intentionally waives any right any of them may have to a trial by jury in any litigation or proceeding based upon or arising out of this Amendment or any related instrument or agreement or any of the Guarantor's right transactions contemplated by this Amendment or any conduct, dealing, statements (whether oral or written) or actions of any of them. None of the Borrowers, the Guarantors, the Lenders or the Agent shall seek to consolidate, by counterclaim or otherwise, any such action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. These provisions shall not be deemed to have been modified in any respect or relinquished by any party hereto except by a written instrument executed by such party. (b) Each Borrower and each Guarantor agrees that any legal action or proceeding with respect to: (i) to this Amendment or any action related instrument or claim arising out of any dispute in connection with this Guarantyagreement, any rights or obligations hereunder or the performance of such rights and obligations; and, (ii) any action or claim arising out of any dispute in connection with including the Credit Agreement as previously amended and as amended hereby, or any documentwith respect to the transactions contemplated hereby, agreement or instrument executed in connection therewith (collectively, with the Credit Agreement and this Guaranty, the "LOAN DOCUMENTS"). Except as prohibited by law, the Guarantor hereby waives any right the Guarantor may have to claim or recover be brought in any litigation referred to in the preceding sentence any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. The Guarantor (a) certifies that no representative, agent or attorney of the Bank has represented, expressly or otherwise, that the Bank would not, in the event of litigation, seek to enforce the foregoing waivers and (b) acknowledges that the Bank have been induced to give credit to such Customer by, among other things, the waivers and certifications contained herein. The Guarantor hereby further agrees that the following courts: (i) State Court-any state or local court of the State of Connecticut; and (ii) Federal Court-United States District Court for the District of ConnecticutMichigan, sitting in or at the option of the Bank, any court in which the Bank shall initiate legal or equitable proceedings and which has subject matter and personal having jurisdiction over the matter County of Wayne, Michigan, or in any federal court located within the Eastern District of Michigan, and parties in controversy, shall have Borrowers and Guarantors hereby submit to and accept generally and unconditionally the non-exclusive jurisdiction of those courts with respect to hear their person and determine property and irrevocably consent to service of process in connection with any claims or disputes between the undersigned and the Bank pertaining directly or indirectly to the Loan Documents or to any matter arising therefrom. The Guarantor expressly submits and consents in advance to such jurisdiction in any action or proceeding commenced in by mailing such courts, hereby waiving personal service of the summons and complaintprocess (certified or registered, if capable of certification 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, return receipt requested, addressed registration) to the undersigned Borrowers and/or Guarantors at the address set forth belowthey may have from time to time provided to the Agent. Should Borrowers and Guarantors hereby irrevocably waive any objection based upon jurisdiction, improper venue or FORUM NON CONVENIENS in any such suit or proceeding in the above-described courts. Nothing contained herein shall limit the right of the Agent or the Lenders to serve process in any other manner permitted by law or limit the right of the Agent or the Lenders to commence any such action or proceeding in the courts of any other jurisdiction. Any judicial proceeding by any Borrower or any Guarantor fail to appear against the Agent or answer any summons, complaint, process or papers so served within thirty (30) days after the mailing thereof, the Guarantor Lender involving this Amendment shall be deemed brought only in default and an order and/or judgment may be entered against a court in Wayne County, Michigan or federal court located within the Guarantor as demanded or prayed for in such summons, complaint, process or papers. The exclusive choice Eastern Disxxxxx of forum set forth in this Guaranty shall not be deemed to preclude the enforcement of any judgment obtained in such forum or the taking of any action under the Loan Documents to enforce the same in any appropriate jurisdictionMichigan.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. (a) The Guarantor Borrowers, each Guarantor, each Lender and the Agent hereby specifically ratifies and confirms the waiver of jury trial set forth in Section 16.2 of the Credit Agreement. Without limiting the generality of the preceding ratification and confirmation, the Borrowers, each Guarantor, each Lender and the Agent, after consulting or having had the opportunity to consult with counsel, knowingly, voluntarily and intentionally waives any right any of them may have to a trial by jury in any litigation or proceeding based upon or arising out of this Amendment or any related instrument or agreement or any of the Guarantor's right transactions contemplated by this Amendment or any conduct, dealing, statements (whether oral or written) or actions of any of them. None of the Borrowers, the Guarantors, the Lenders or the Agent shall seek to consolidate, by counterclaim or otherwise, any such action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. These provisions shall not be deemed to have been modified in any respect or relinquished by any party hereto except by a written instrument executed by such party. (b) Each Borrower and each Guarantor agrees that any legal action or proceeding with respect to: (i) to this Amendment or any action related instrument or claim arising out of any dispute in connection with this Guarantyagreement, any rights or obligations hereunder or the performance of such rights and obligations; and, (ii) any action or claim arising out of any dispute in connection with including the Credit Agreement as previously amended and as amended hereby, or any documentwith respect to the transactions contemplated hereby, agreement or instrument executed in connection therewith (collectively, with the Credit Agreement and this Guaranty, the "LOAN DOCUMENTS"). Except as prohibited by law, the Guarantor hereby waives any right the Guarantor may have to claim or recover be brought in any litigation referred to in the preceding sentence any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. The Guarantor (a) certifies that no representative, agent or attorney of the Bank has represented, expressly or otherwise, that the Bank would not, in the event of litigation, seek to enforce the foregoing waivers and (b) acknowledges that the Bank have been induced to give credit to such Customer by, among other things, the waivers and certifications contained herein. The Guarantor hereby further agrees that the following courts: (i) State Court-any state or local court of the State of Connecticut; and (ii) Federal Court-United States District Court for the District of ConnecticutMichigan, sitting in or at the option of the Bank, any court in which the Bank shall initiate legal or equitable proceedings and which has subject matter and personal having jurisdiction over the matter County of Wayne, Michigan, or in any federal court located within the Eastern District of Michigan, and parties in controversy, shall have Borrowers and Guarantors hereby submit to and accept generally and unconditionally the non-exclusive jurisdiction of those courts with respect to hear their person and determine property and irrevocably consent to service of process in connection with any claims or disputes between the undersigned and the Bank pertaining directly or indirectly to the Loan Documents or to any matter arising therefrom. The Guarantor expressly submits and consents in advance to such jurisdiction in any action or proceeding commenced in by mailing such courts, hereby waiving personal service of the summons and complaintprocess (certified or registered, if capable of certification 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, return receipt requested, addressed registration) to the undersigned Borrowers and/or Guarantors at the address set forth belowthey may have from time to time provided to the Agent. Should Borrowers and Guarantors hereby irrevocably waive any objection based upon jurisdiction, improper venue or forum non conveniens in any such suit or proceeding in the above-described courts. Nothing contained herein shall limit the right of the Agent or the Lenders to serve process in any other manner permitted by law or limit the right of the Agent or the Lenders to commence any such action or proceeding in the courts of any other jurisdiction. Any judicial proceeding by any Borrower or any Guarantor fail to appear against the Agent or answer any summons, complaint, process or papers so served within thirty (30) days after the mailing thereof, the Guarantor Lender involving this Amendment shall be deemed brought only in default and an order and/or judgment may be entered against a court in Wayne County, Michigan or federal court located within the Guarantor as demanded or prayed for in such summons, complaint, process or papers. The exclusive choice Eastern Dixxxxxt of forum set forth in this Guaranty shall not be deemed to preclude the enforcement of any judgment obtained in such forum or the taking of any action under the Loan Documents to enforce the same in any appropriate jurisdictionMichigan.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. (a) The Guarantor Borrower, each Guarantor, each Affiliate Guarantor, each Lender and the Administrative Agent hereby specifically ratifies and confirms the waiver of jury trial set forth in Section 14.3 of the Credit Agreement. Without limiting the generality of the preceding ratification and confirmation, the Borrower, each Guarantor, each Affiliate Guarantor, each Lender and the Administrative Agent, after consulting or having had the opportunity to consult with counsel, knowingly, voluntarily and intentionally waives any right any of them may have to a trial by jury in any litigation or proceeding based upon or arising out of this Amendment or any related instrument or agreement or any of the Guarantor's right transactions contemplated by this Amendment or any conduct, dealing, statements (whether oral or written) or actions of any of them. None of the Borrower, the Guarantors, the Affiliate Guarantors, the Lenders or the Administrative Agent shall seek to consolidate, by counterclaim or otherwise, any such action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. These provisions shall not be deemed to have been modified in any respect or relinquished by any party hereto except by a written instrument executed by such party. (b) Each Borrower and each Guarantor and Affiliate Guarantor agrees that any legal action or proceeding with respect to: (i) to this Amendment or any action related instrument or claim arising out of any dispute in connection with this Guarantyagreement, any rights or obligations hereunder or the performance of such rights and obligations; and, (ii) any action or claim arising out of any dispute in connection with including the Credit Agreement as previously amended and as amended hereby, or any documentwith respect to the transactions contemplated hereby, agreement or instrument executed in connection therewith (collectively, with the Credit Agreement and this Guaranty, the "LOAN DOCUMENTS"). Except as prohibited by law, the Guarantor hereby waives any right the Guarantor may have to claim or recover be brought in any litigation referred to in the preceding sentence any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. The Guarantor (a) certifies that no representative, agent or attorney of the Bank has represented, expressly or otherwise, that the Bank would not, in the event of litigation, seek to enforce the foregoing waivers and (b) acknowledges that the Bank have been induced to give credit to such Customer by, among other things, the waivers and certifications contained herein. The Guarantor hereby further agrees that the following courts: (i) State Court-any state or local court of the State of Connecticut; and (ii) Federal Court-United States District Court for the District of ConnecticutMichigan, sitting in or at the option of the Bank, any court in which the Bank shall initiate legal or equitable proceedings and which has subject matter and personal having jurisdiction over the matter County of Wayne, Michigan, or in any federal court located within the Eastern District of Michigan, and parties in controversyBorrower, shall have Guarantors and Affiliate Guarantors hereby submit to and accept generally and unconditionally the non-exclusive jurisdiction of those courts with respect to hear their person and determine property and irrevocably consent to service of process in connection with any claims or disputes between the undersigned and the Bank pertaining directly or indirectly to the Loan Documents or to any matter arising therefrom. The Guarantor expressly submits and consents in advance to such jurisdiction in any action or proceeding commenced in by mailing such courts, hereby waiving personal service of the summons and complaintprocess (certified or registered, if capable of certification or other process registration) to Borrower and/or Guarantors 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, return receipt requested, addressed to the undersigned Affiliate Guarantors at the address set forth belowthey may have from time to time provided to the Administrative Agent. Should Borrower, Guarantors and Affiliate Guarantors hereby irrevocably waive any objection based upon jurisdiction, improper venue or forum non conveniens in any such suit or proceeding in the above-described courts. Nothing contained herein shall limit the right of the Administrative Agent or the Lenders to serve process in any other manner permitted by law or limit the right of the Administrative Agent or the Lenders to commence any such action or proceeding in the courts of any other jurisdiction. Any judicial proceeding by the Borrower or any Guarantor fail to appear or answer Affiliate Guarantor against the Administrative Agent or any summons, complaint, process or papers so served within thirty (30) days after the mailing thereof, the Guarantor Lender involving this Amendment shall be deemed brought only in default and an order and/or judgment may be entered against a court in Wayne County, Michigan or federal court located within the Guarantor as demanded or prayed for in such summons, complaint, process or papers. The exclusive choice Eastern Dixxxxxt of forum set forth in this Guaranty shall not be deemed to preclude the enforcement of any judgment obtained in such forum or the taking of any action under the Loan Documents to enforce the same in any appropriate jurisdictionMichigan.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. (a) The Guarantor Borrowers, each Guarantor, each Lender and the Agent hereby specifically ratifies and confirms the waiver of jury trial set forth in Section 16.2 of the Credit Agreement. Without limiting the generality of the preceding ratification and confirmation, the Borrowers, each Guarantor, each Lender and the Agent, after consulting or having had the opportunity to consult with counsel, knowingly, voluntarily and intentionally waives any right any of them may have to a trial by jury in any litigation or proceeding based upon or arising out of this Amendment or any related instrument or agreement or any of the Guarantor's right transactions contemplated by this Amendment or any conduct, dealing, statements (whether oral or written) or actions of any of them. None of the Borrowers, the Guarantors, the Lenders or the Agent shall seek to consolidate, by counterclaim or otherwise, any such action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. These provisions shall not be deemed to have been modified in any respect or relinquished by any party hereto except by a written instrument executed by such party. (b) Each Borrower and each Guarantor agrees that any legal action or proceeding with respect to: (i) to this Amendment or any action related instrument or claim arising out of any dispute in connection with this Guarantyagreement, any rights or obligations hereunder or the performance of such rights and obligations; and, (ii) any action or claim arising out of any dispute in connection with including the Credit Agreement as previously amended and as amended hereby, or any documentwith respect to the transactions contemplated hereby, agreement or instrument executed in connection therewith (collectively, with the Credit Agreement and this Guaranty, the "LOAN DOCUMENTS"). Except as prohibited by law, the Guarantor hereby waives any right the Guarantor may have to claim or recover be brought in any litigation referred to in the preceding sentence any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. The Guarantor (a) certifies that no representative, agent or attorney of the Bank has represented, expressly or otherwise, that the Bank would not, in the event of litigation, seek to enforce the foregoing waivers and (b) acknowledges that the Bank have been induced to give credit to such Customer by, among other things, the waivers and certifications contained herein. The Guarantor hereby further agrees that the following courts: (i) State Court-any state or local court of the State of Connecticut; and (ii) Federal Court-United States District Court for the District of ConnecticutMichigan, sitting in or at the option of the Bank, any court in which the Bank shall initiate legal or equitable proceedings and which has subject matter and personal having jurisdiction over the matter County of Wayne, Michigan, or in any federal court located within the Eastern District of Michigan, and parties in controversy, shall have Borrowers and Guarantors hereby submit to and accept generally and unconditionally the non-exclusive jurisdiction of those courts with respect to hear their person and determine property and irrevocably consent to service of process in connection with any claims or disputes between the undersigned and the Bank pertaining directly or indirectly to the Loan Documents or to any matter arising therefrom. The Guarantor expressly submits and consents in advance to such jurisdiction in any action or proceeding commenced in by mailing such courts, hereby waiving personal service of the summons and complaintprocess (certified or registered, if capable of certification 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, return receipt requested, addressed registration) to the undersigned Borrowers and/or Guarantors at the address set forth belowthey may have from time to time provided to the Agent. Should Borrowers and Guarantors hereby irrevocably waive any objection based upon jurisdiction, improper venue or forum non conveniens in any such suit or proceeding in the above-described courts. Nothing contained herein shall limit the right of the Agent or the Lenders to serve process in any other manner permitted by law or limit the right of the Agent or the Lenders to commence any such action or proceeding in the courts of any other jurisdiction. Any judicial proceeding by any Borrower or any Guarantor fail to appear against the Agent or answer any summons, complaint, process or papers so served within thirty (30) days after the mailing thereof, the Guarantor Lender involving this Amendment shall be deemed brought only in default and an order and/or judgment may be entered against a court in Wayne County, Michigan or federal court located within the Guarantor as demanded or prayed for in such summons, complaint, process or papers. The exclusive choice Eastern Disxxxxx of forum set forth in this Guaranty shall not be deemed to preclude the enforcement of any judgment obtained in such forum or the taking of any action under the Loan Documents to enforce the same in any appropriate jurisdictionMichigan.