Common use of Waiver Of Objections To Venue Clause in Contracts

Waiver Of Objections To Venue. Waives any right to object to the maintenance of any suit in any of the courts specified in Section 10.13.2 above on the basis of improper venue or convenience of forum. The BORROWER further agrees that it shall not institute any suit or other action against any of the SECURED PARTIES, in law or in equity, which is based directly or indirectly on this AGREEMENT, any other CREDIT DOCUMENT or any matter related to this AGREEMENT or any other CREDIT DOCUMENT, in any court other than a court specified in Section 10.13.2 above; provided, that in any instance in which there is then pending a suit instituted by the LENDER against the BORROWER in a court other than a court specified in Section 10.13.2 above, the BORROWER may file in such suit any counterclaim which it has against any of the SECURED PARTIES but only if such counterclaim is a compulsory counterclaim and would be barred if not filed as a counterclaim in such suit. The BORROWER agrees that any suit brought by it against any of the SECURED PARTIES not in accordance with this paragraph should be forthwith dismissed or transferred to a court specified in Section 10.13.2 above.

Appears in 2 contracts

Samples: Loan and Security Agreement (Martek Biosciences Corp), Loan and Security Agreement (Martek Biosciences Corp)

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Waiver Of Objections To Venue. Waives any right to object to the maintenance of any suit in any of the courts specified in Section 10.13.2 9.9.2 above on the basis of improper venue or convenience of forum. The BORROWER Each of the BORROWERS further agrees that it shall not institute any suit or other action against any of the SECURED PARTIESLENDER, in law or in equity, which is based directly or indirectly on this AGREEMENT, any other CREDIT LOAN DOCUMENT or any matter related to this AGREEMENT or any other CREDIT LOAN DOCUMENT, in any court other than a court specified in Section 10.13.2 9.9.2 above; provided, that in any instance in which there is then pending a suit instituted by the LENDER against any of the BORROWER BORROWERS in a court other than a court specified in Section 10.13.2 9.9.2 above, each of the BORROWER BORROWERS may file in such suit any counterclaim which it has against any of the SECURED PARTIES LENDER but only if such counterclaim is a compulsory counterclaim and would be barred if not filed as a counterclaim in such suit. The BORROWER Each of the BORROWERS agrees that any suit brought by it against any of the SECURED PARTIES LENDER not in accordance with this paragraph should be forthwith dismissed or transferred to a court specified in Section 10.13.2 9.9.2 above.

Appears in 2 contracts

Samples: Loan and Security Agreement (Avatech Solutions Inc), Loan and Security Agreement (Avatech Solutions Inc)

Waiver Of Objections To Venue. Waives any right to object to the maintenance of any suit in any of the courts specified in Section 10.13.2 9.9.2 above on the basis of improper venue or convenience of forum. The BORROWER further agrees that it shall not institute any suit or other action against any of the SECURED PARTIESLENDER, in law or in equity, which is based directly or indirectly on this AGREEMENT, any other CREDIT LOAN DOCUMENT or any matter related to this AGREEMENT or any other CREDIT LOAN DOCUMENT, in any court other than a court specified in Section 10.13.2 9.9.2 above; provided, that in any instance in which there is then pending a suit instituted by the LENDER against the BORROWER in a court other than a court specified in Section 10.13.2 9.9.2 above, the BORROWER may file in such suit any counterclaim which it has against any of the SECURED PARTIES LENDER but only if such counterclaim is a compulsory counterclaim and would be barred if not filed as a counterclaim in such suit. The BORROWER agrees that any suit brought by it against any of the SECURED PARTIES LENDER not in accordance with this paragraph should be forthwith dismissed or transferred to a court specified in Section 10.13.2 9.9.2 above.

Appears in 2 contracts

Samples: Loan and Security Agreement (Accom Inc), Loan and Security Agreement (Avatech Solutions Inc)

Waiver Of Objections To Venue. Waives any right to object to the maintenance of any suit in any of the courts specified in Section 10.13.2 9.9.2 above on the basis of improper venue or convenience of forum. The BORROWER Each of the BORROWERS further agrees that it shall not institute any suit or other action against any of the SECURED PARTIESLENDER, in law or in equity, which is based directly or indirectly on this AGREEMENT, any other CREDIT LOAN DOCUMENT or any matter related to this AGREEMENT or any other CREDIT LOAN DOCUMENT, in any court other than a court specified in Section 10.13.2 9.9.2 above; provided, that in any instance in which there is then pending a suit instituted by the LENDER against either of the BORROWER BORROWERS in a court other than a court specified in Section 10.13.2 9.9.2 above, each of the BORROWER BORROWERS may file in such suit any counterclaim which it has against any of the SECURED PARTIES LENDER but only if such counterclaim is a compulsory counterclaim and would be barred if not filed as a counterclaim in such suit. The BORROWER Each of the BORROWERS agrees that any suit brought by it against any of the SECURED PARTIES LENDER not in accordance with this paragraph should be forthwith dismissed or transferred to a court specified in Section 10.13.2 9.9.2 above.

Appears in 1 contract

Samples: Loan and Security Agreement (Imtek Office Solutions Inc)

Waiver Of Objections To Venue. Waives any right to object to the maintenance of any suit in any of the courts specified in Section 10.13.2 10.14.2 above on the basis of improper venue or convenience of forum. The BORROWER Each of the BORROWERS further agrees that it shall not institute any suit or other action against any of the SECURED PARTIES, in law or in equity, which is based directly or indirectly on this AGREEMENT, any other CREDIT LOAN DOCUMENT or any matter related to this AGREEMENT or any other CREDIT LOAN DOCUMENT, in any court other than a court specified in Section 10.13.2 10.14.2 above; provided, that in any instance in which there is then pending a suit instituted by the LENDER against any of the BORROWER BORROWERS in a court other than a court specified in Section 10.13.2 10.14.2 above, each of the BORROWER BORROWERS may file in such suit any counterclaim which it has against any of the SECURED PARTIES but only if such counterclaim is a compulsory counterclaim and would be barred if not filed as a counterclaim in such suit. The BORROWER Each of the BORROWERS agrees that any suit brought by it against any of the SECURED PARTIES not in accordance with this paragraph should be forthwith dismissed or transferred to a court specified in Section 10.13.2 10.14.2 above.

Appears in 1 contract

Samples: Credit Agreement (Dover Motorsports Inc)

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Waiver Of Objections To Venue. Waives any right to object to the maintenance of any suit in any of the courts specified in Section 10.13.2 8.9.2 above on the basis of improper venue or convenience of forum. The BORROWER Borrower further agrees that it shall not institute any suit or other action against any of the SECURED PARTIESLender, in law or in equity, which is based directly or indirectly on this AGREEMENTAgreement, any other CREDIT DOCUMENT Loan Document or any matter related to this AGREEMENT Agreement or any other CREDIT DOCUMENTLoan Document, in any court other than a court specified in Section 10.13.2 9.9.2 above; provided, that in any instance in which there is then pending a suit instituted by the LENDER Lender against the BORROWER Borrower in a court other than a court specified in Section 10.13.2 8.9.2 above, the BORROWER Borrower may file in such suit any counterclaim which it has against any of the SECURED PARTIES Lender but only if such counterclaim is a compulsory counterclaim and would be barred if not filed as a counterclaim in such suit. The BORROWER Borrower agrees that any suit brought by it against any of the SECURED PARTIES Lender not in accordance with this paragraph should be forthwith dismissed or transferred to a court specified in Section 10.13.2 8.9.2 above.

Appears in 1 contract

Samples: Loan and Security Agreement (Martek Biosciences Corp)

Waiver Of Objections To Venue. Waives any right to object to the maintenance of any suit in any of the courts specified in Section 10.13.2 10.9.2 above on the basis of improper venue or convenience of forum. The BORROWER Each of the BORROWERS further agrees that it shall not institute any suit or other action against any of the SECURED PARTIESLENDER, in law or in equity, which is based directly or indirectly on this AGREEMENT, any other CREDIT LOAN DOCUMENT or any matter related to this AGREEMENT or any other CREDIT LOAN DOCUMENT, in any court other than a court specified in Section 10.13.2 10.9.2 above; provided, that in any instance in which there is then pending a suit instituted by the LENDER against any of the BORROWER BORROWERS in a court other than a court specified in Section 10.13.2 10.9.2 above, the BORROWER BORROWERS may file in such suit any counterclaim which it has they have against any the LENDER. Each of the SECURED PARTIES but only if such counterclaim is a compulsory counterclaim and would be barred if not filed as a counterclaim in such suit. The BORROWER BORROWERS agrees that any suit brought by it against any of the SECURED PARTIES LENDER not in accordance with this paragraph should be forthwith dismissed or transferred to a court specified in Section 10.13.2 10.9.2 above.

Appears in 1 contract

Samples: Loan and Security Agreement (Gse Systems Inc)

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