Common use of Waiver of Jury Trial; Jurisdiction Clause in Contracts

Waiver of Jury Trial; Jurisdiction. PLEDGOR HEREBY CONSENTS TO THE JURISDICTION OF STATE OR FEDERAL COURT LOCATED WITHIN NEW YORK COUNTY, NEW YORK AND WAIVES ANY OBJECTION WHICH IT MAY HAVE BASED ON IMPROPER VENUE OR FORUM NON CONVENIENS TO THE CONDUCT OF ANY PROCEEDING IN ANY SUCH COURT AND CONSENTS THAT ALL SERVICE OF PROCESS UPON PLEDGOR BE MADE BY REGISTERED MAIL OR MESSENGER DIRECTED TO PLEDGOR AT THE ADDRESS SET FORTH ABOVE AND THAT SERVICE SO MADE SHALL BE DEEMED TO BE COMPLETED UPON ACTUAL RECEIPT THEREOF. PLEDGOR AND TRUSTEE EACH HEREBY WAIVE, TO THE EXTENT PERMITTED BY LAW, TRIAL BY JURY. NOTHING CONTAINED HEREIN SHALL AFFECT THE RIGHT OF TRUSTEE TO SERVE LEGAL PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR AFFECT THE RIGHT OF TRUSTEE TO BRING ANY ACTION OR PROCEEDING AGAINST PLEDGOR OR ITS PROPERTY IN THE COURTS OF ANY OTHER JURISDICTION.

Appears in 3 contracts

Samples: Subordinated Pledge Agreement (Cast Alloys Inc), Subordinated Pledge Agreement (Cast Alloys Inc), Subordinated Pledge Agreement (Cast Alloys Inc)

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Waiver of Jury Trial; Jurisdiction. PLEDGOR HEREBY CONSENTS TO THE JURISDICTION OF STATE OR FEDERAL COURT LOCATED WITHIN NEW YORK new york COUNTY, NEW YORK new york AND WAIVES ANY OBJECTION WHICH IT MAY HAVE BASED ON IMPROPER VENUE OR FORUM NON CONVENIENS TO THE CONDUCT OF ANY PROCEEDING IN ANY SUCH COURT AND CONSENTS THAT ALL SERVICE OF PROCESS UPON PLEDGOR BE MADE BY REGISTERED MAIL OR MESSENGER DIRECTED TO PLEDGOR AT THE ADDRESS SET FORTH ABOVE AND THAT SERVICE SO MADE SHALL BE DEEMED TO BE COMPLETED UPON ACTUAL RECEIPT THEREOFthereof. PLEDGOR AND TRUSTEE EACH HEREBY WAIVE, TO THE EXTENT PERMITTED BY LAW, TRIAL BY JURY. NOTHING CONTAINED HEREIN SHALL AFFECT THE RIGHT OF TRUSTEE TO SERVE LEGAL PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR AFFECT THE RIGHT OF TRUSTEE TO BRING ANY ACTION OR PROCEEDING AGAINST PLEDGOR OR ITS PROPERTY IN THE COURTS OF ANY OTHER JURISDICTION.

Appears in 1 contract

Samples: Subordinated Pledge Agreement (Cast Alloys Inc)

Waiver of Jury Trial; Jurisdiction. PLEDGOR HEREBY CONSENTS TO DEFENSES. THE JURISDICTION OF STATE OR FEDERAL COURT LOCATED WITHIN NEW YORK COUNTY, NEW YORK COMPANY AND WAIVES ANY OBJECTION WHICH IT MAY HAVE BASED ON IMPROPER VENUE OR FORUM NON CONVENIENS TO THE CONDUCT OF ANY PROCEEDING IN ANY SUCH COURT AND CONSENTS THAT ALL SERVICE OF PROCESS UPON PLEDGOR BE MADE BY REGISTERED MAIL OR MESSENGER DIRECTED TO PLEDGOR AT THE ADDRESS SET FORTH ABOVE AND THAT SERVICE SO MADE SHALL BE DEEMED TO BE COMPLETED UPON ACTUAL RECEIPT THEREOF. PLEDGOR AND TRUSTEE EACH LENDER EACH HEREBY WAIVE, WAIVE ANY RIGHT TO THE EXTENT PERMITTED BY LAW, A TRIAL BY JURY. NOTHING CONTAINED HEREIN SHALL AFFECT THE RIGHT OF TRUSTEE TO SERVE LEGAL PROCESS JURY IN ANY OTHER MANNER PERMITTED BY LAW OR AFFECT THE RIGHT OF TRUSTEE TO BRING ANY ACTION OR PROCEEDING AGAINST PLEDGOR ARISING OUT OF THIS TERM LOAN AGREEMENT. THE COMPANY HEREBY IRREVOCABLY WAIVES PERSONAL SERVICE OF PROCESS AND CONSENTS TO SERVICE OF PROCESS BY CERTIFIED OR ITS PROPERTY REGISTERED MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID. ALL DISPUTES ARISING HEREUNDER OR UNDER ANY LOAN DOCUMENT OR WITH RESPECT TO ANY COLLATERAL OR ARISING OUT OF, CONNECTED WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THE COMPANY AND THE LENDERS IN CONNECTION WITH THIS TERM LOAN AGREEMENT OR ANY LOAN DOCUMENT SHALL BE RESOLVED ONLY BY THE STATE OR FEDERAL COURTS LOCATED IN THE COURTS STATE OF NEW YORK, CITY OF NEW YORK (UNLESS A LENDER IS REQUIRED (BY VIRTUE OF THE LOCATION OF THE COLLATERAL) TO RESOLVE A DISPUTE IN THE COURT OF A DIFFERENT JURISDICTION, IN WHICH CASE, THE COMPANY AGREES TO RESOLVE SUCH DISPUTE IN SUCH COURT). THE COMPANY HEREBY WAIVES IN ALL DISPUTES ANY OTHER JURISDICTIONOBJECTION THAT IT MAY HAVE TO THE LOCATION OF THE COURT CONSIDERING THE DISPUTE.

Appears in 1 contract

Samples: Term Loan Agreement (Long Distance International Inc)

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Waiver of Jury Trial; Jurisdiction. EACH PLEDGOR HEREBY CONSENTS TO THE JURISDICTION OF THE COURTS OF THE STATE OR FEDERAL OF NEW YORK, SITTING IN THE BOROUGH OF MANHATTAN, CITY OF NEW YORK, OR, AT THE AGENT’S OPTION, THE UNITED STATES DISTRICT COURT LOCATED WITHIN FOR THE SOUTHERN DISTRICT OF NEW YORK COUNTYYORK, NEW YORK AND WAIVES ANY OBJECTION WHICH IT MAY HAVE BASED ON IMPROPER VENUE OR FORUM NON CONVENIENS TO THE CONDUCT OF ANY PROCEEDING IN ANY SUCH COURT AND CONSENTS THAT ALL SERVICE OF PROCESS UPON SUCH PLEDGOR BE MADE BY REGISTERED MAIL OR MESSENGER DIRECTED TO SUCH PLEDGOR AT THE ADDRESS SET FORTH ABOVE FOR SUCH PLEDGOR IN THE SECURITY AGREEMENT AND THAT SERVICE SO MADE SHALL BE DEEMED TO BE COMPLETED UPON ACTUAL RECEIPT THEREOF. EACH PLEDGOR AND TRUSTEE EACH THE AGENT HEREBY WAIVE, TO THE EXTENT PERMITTED BY LAW, TRIAL BY JURY. NOTHING CONTAINED HEREIN SHALL AFFECT THE RIGHT OF TRUSTEE THE AGENT TO SERVE LEGAL PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR AFFECT THE RIGHT OF TRUSTEE THE AGENT TO BRING ANY ACTION OR PROCEEDING AGAINST ANY PLEDGOR OR ITS PROPERTY IN THE COURTS OF ANY OTHER JURISDICTION.

Appears in 1 contract

Samples: Pledge Agreement (Neenah Foundry Co)

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