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

Waiver of Jury Trial; Submission to Jurisdiction. EACH OF THE ISSUER, THE GUARANTORS AND THE TRUSTEE, AND EACH HOLDER OF A NOTE BY ITS ACCEPTANCE THEREOF, HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS INDENTURE, THE NOTES OR THE TRANSACTIONS CONTEMPLATED HEREBY. ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS INDENTURE AND ANY ACTION FOR ENFORCEMENT OF ANY JUDGMENT IN RESPECT THEREOF MAY BE BROUGHT IN THE COURTS OF THE STATE OF NEW YORK OR OF THE UNITED STATES OF AMERICA FOR THE SOUTHERN DISTRICT OF NEW YORK, IN EACH CASE RESIDING IN THE COUNTY OF NEW YORK, AND, BY EXECUTION AND DELIVERY OF THIS INDENTURE, EACH OF THE PARTIES HERETO HEREBY ACCEPTS FOR ITSELF AND IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, THE NON-EXCLUSIVE JURISDICTION OF THE AFORESAID COURTS AND APPELLATE COURTS FROM ANY THEREOF.

Waiver of Jury Trial; Submission to Jurisdiction. (a) THE PARTIES IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY ACTION BASED ON, RELATED TO, OR ARISING OUT OF (IN WHOLE OR IN ANY PART IN ANY WAY) THIS AGREEMENT. (b) WITH RESPECT TO ANY ACTION, EACH PARTY IRREVOCABLY SUBMITS TO THE JURISDICTION OF THE ISSUER, STATE COURTS OF DELAWARE OR THE GUARANTORS UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE AND THE TRUSTEE, HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION SHALL BE HEARD AND DETERMINED IN SUCH DELAWARE STATE OR FEDERAL COURT. EACH HOLDER OF A NOTE BY ITS ACCEPTANCE THEREOF, PARTY HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT IT MAY EFFECTIVELY DO SO, THE DEFENSES OF LACK OF JURISDICTION, IMPROPER VENUE OR AN INCONVENIENT FORUM TO THE MAINTENANCE OF SUCH ACTION. THE PARTIES FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THAT A FINAL AND UNAPPEALABLE JUDGMENT AGAINST ANY AND ALL RIGHT TO TRIAL BY JURY OF THEM IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS INDENTURE, THE NOTES OR THE TRANSACTIONS ACTION CONTEMPLATED HEREBY. ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS INDENTURE ABOVE SHALL BE CONCLUSIVE AND ANY ACTION FOR ENFORCEMENT OF ANY JUDGMENT IN RESPECT THEREOF MAY BE BROUGHT ENFORCED IN ANY OTHER JURISDICTION BY SUIT ON THE COURTS JUDGMENT, A CERTIFIED COPY OF WHICH SHALL BE CONCLUSIVE EVIDENCE OF THE STATE FACT AND AMOUNT OF NEW YORK OR OF THE UNITED STATES OF AMERICA FOR THE SOUTHERN DISTRICT OF NEW YORK, IN EACH CASE RESIDING IN THE COUNTY OF NEW YORK, AND, BY EXECUTION AND DELIVERY OF THIS INDENTURE, EACH OF THE PARTIES HERETO HEREBY ACCEPTS FOR ITSELF AND IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, THE NON-EXCLUSIVE JURISDICTION OF THE AFORESAID COURTS AND APPELLATE COURTS FROM ANY THEREOFSUCH JUDGMENT.

Waiver of Jury Trial; Submission to Jurisdiction. EACH OF THE ISSUERCOMPANY, THE GUARANTORS GUARANTOR, THE TRUSTEE AND THE TRUSTEE, AND EACH HOLDER HOLDERS (BY THEIR ACCEPTANCE OF A NOTE BY ITS ACCEPTANCE THEREOF, THE NOTES) HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS INDENTURE, THE NOTES SECURITIES OR THE TRANSACTIONS TRANSACTION CONTEMPLATED HEREBY. ANY LEGAL ACTION OR PROCEEDING WITH RESPECT THE COMPANY AND GUARANTOR HEREBY IRREVOCABLY SUBMIT TO THIS INDENTURE AND ANY ACTION FOR ENFORCEMENT THE JURISDICTION OF ANY JUDGMENT IN RESPECT THEREOF MAY BE BROUGHT NEW YORK STATE COURT SITTING IN THE COURTS BOROUGH OF MANHATTAN IN THE STATE CITY OF NEW YORK OR OF THE UNITED STATES OF AMERICA FOR ANY FEDERAL COURT SITTING IN THE SOUTHERN DISTRICT IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORKYORK IN RESPECT OF ANY SUIT, IN EACH CASE RESIDING IN THE COUNTY ACTION OR PROCEEDING ARISING OUT OF NEW YORK, AND, BY EXECUTION AND DELIVERY OF OR RELATING TO THIS INDENTURE, EACH OF THE PARTIES HERETO HEREBY GUARANTEE AND THE NOTES, AND IRREVOCABLY ACCEPTS FOR ITSELF AND IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, THE NON-EXCLUSIVE JURISDICTION OF THE AFORESAID COURTS AND APPELLATE COURTS FROM ANY THEREOFCOURTS.

Waiver of Jury Trial; Submission to Jurisdiction. EACH OF THE ISSUERCOMPANY, THE GUARANTORS HOLDERS AND THE TRUSTEE, AND EACH HOLDER OF A NOTE BY ITS ACCEPTANCE THEREOF, TRUSTEE HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS INDENTURE, THE NOTES OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH OF THE COMPANY AND THE TRUSTEE HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY LEGAL NEW YORK STATE COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK OR ANY FEDERAL COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK IN RESPECT OF ANY SUIT, ACTION OR PROCEEDING WITH RESPECT ARISING OUT OF OR RELATING TO THIS INDENTURE AND ANY ACTION FOR ENFORCEMENT OF ANY JUDGMENT IN RESPECT THEREOF MAY BE BROUGHT IN THE COURTS OF THE STATE OF NEW YORK OR OF THE UNITED STATES OF AMERICA FOR THE SOUTHERN DISTRICT OF NEW YORKNOTES, IN EACH CASE RESIDING IN THE COUNTY OF NEW YORK, AND, BY EXECUTION AND DELIVERY OF THIS INDENTURE, EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY ACCEPTS FOR ITSELF AND IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, THE NON-EXCLUSIVE JURISDICTION OF THE AFORESAID COURTS AND APPELLATE COURTS FROM ANY THEREOFCOURTS.

Waiver of Jury Trial; Submission to Jurisdiction. (a) EACH OF THE ISSUERTRUSTOR, THE GUARANTORS TRUSTEE AND THE TRUSTEEBENEFICIARY HEREBY KNOWINGLY, VOLUNTARILY AND EACH HOLDER OF INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A NOTE BY ITS ACCEPTANCE THEREOF, HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN RESPECT OF ANY LEGAL PROCEEDING LITIGATION BASED HEREON OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS DEED OF OR RELATING TO THIS INDENTURETRUST, THE NOTES CREDIT AGREEMENT, ANY LOAN DOCUMENT PERTAINING TO THE FIXED ASSETS LOANS OR ANY OTHER RELATED INSTRUMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN), OR ACTIONS OF THE TRUSTOR, THE TRUSTEE, OR THE BENEFICIARY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE TRUSTEE AND THE BENEFICIARY AND THE FIXED ASSETS LENDERS TO ENTER INTO THE TRANSACTIONS CONTEMPLATED HEREBY. ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS INDENTURE AND ANY ACTION PROVIDED FOR ENFORCEMENT OF ANY JUDGMENT IN RESPECT THEREOF MAY BE BROUGHT IN THE COURTS OF CREDIT AGREEMENT AND TO MAKE THE STATE OF NEW YORK OR OF THE UNITED STATES OF AMERICA FOR THE SOUTHERN DISTRICT OF NEW YORK, IN EACH CASE RESIDING IN THE COUNTY OF NEW YORK, AND, BY EXECUTION AND DELIVERY OF THIS INDENTURE, EACH OF THE PARTIES HERETO HEREBY ACCEPTS FOR ITSELF AND IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, THE NON-EXCLUSIVE JURISDICTION OF THE AFORESAID COURTS AND APPELLATE COURTS FROM ANY THEREOFFIXED ASSETS LOANS.

Waiver of Jury Trial; Submission to Jurisdiction. EACH OF THE ISSUERCOMPANIES, THE GUARANTORS GUARANTOR, THE TRUSTEE AND THE TRUSTEE, AND EACH HOLDER HOLDERS (BY THEIR ACCEPTANCE OF A NOTE BY ITS ACCEPTANCE THEREOF, THE NOTES) HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS INDENTURE, THE NOTES SECURITIES OR THE TRANSACTIONS TRANSACTION CONTEMPLATED HEREBY. ANY LEGAL ACTION OR PROCEEDING WITH RESPECT THE COMPANIES AND GUARANTOR HEREBY IRREVOCABLY SUBMIT TO THIS INDENTURE AND ANY ACTION FOR ENFORCEMENT THE JURISDICTION OF ANY JUDGMENT IN RESPECT THEREOF MAY BE BROUGHT NEW YORK STATE COURT SITTING IN THE COURTS BOROUGH OF MANHATTAN IN THE STATE CITY OF NEW YORK OR OF THE UNITED STATES OF AMERICA FOR ANY FEDERAL COURT SITTING IN THE SOUTHERN DISTRICT IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORKYORK IN RESPECT OF ANY SUIT, IN EACH CASE RESIDING IN THE COUNTY ACTION OR PROCEEDING ARISING OUT OF NEW YORK, AND, BY EXECUTION AND DELIVERY OF OR RELATING TO THIS INDENTURE, EACH OF THE PARTIES HERETO HEREBY GUARANTEE AND THE NOTES, AND IRREVOCABLY ACCEPTS FOR ITSELF AND IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, THE NON-EXCLUSIVE JURISDICTION OF THE AFORESAID COURTS AND APPELLATE COURTS FROM ANY THEREOFCOURTS.