CONSENT TO FORUM; WAIVER OF JURY TRIAL. EACH BORROWER HEREBY IRREVOCABLY CONSENTS TO THE NONEXCLUSIVE JURISDICTION OF THE COURT OF COMMON PLEAS OF XXXXXXX COUNTY AND THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA, AND WAIVES PERSONAL SERVICE OF ANY AND ALL PROCESS UPON IT AND CONSENTS THAT ALL SUCH SERVICE OF PROCESS BE MADE BY CERTIFIED OR REGISTERED MAIL DIRECTED TO THE BORROWERS AT THE ADDRESSES PROVIDED FOR IN SECTION 11.6 AND SERVICE SO MADE SHALL BE DEEMED TO BE COMPLETED UPON ACTUAL RECEIPT THEREOF. EACH BORROWER WAIVES ANY OBJECTION TO JURISDICTION AND VENUE OF ANY ACTION INSTITUTED AGAINST IT AS PROVIDED HEREIN AND AGREES NOT TO ASSERT ANY DEFENSE BASED ON LACK OF JURISDICTION OR VENUE. EACH BORROWER, THE ADMINISTRATIVE AGENT AND THE BANKS HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING OR COUNTERCLAIM OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE COLLATERAL OR ANY OTHER LOAN DOCUMENT TO THE FULL EXTENT PERMITTED BY LAW.
CONSENT TO FORUM; WAIVER OF JURY TRIAL. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENTS TO THE NONEXCLUSIVE JURISDICTION OF ANY NEW YORK STATE COURT OR FEDERAL COURT OF THE UNITED STATES OF AMERICA SITTING IN NEW YORK CITY, AND ANY APPELLATE COURT FROM ANY THEREOF, IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OF THE OTHER LOAN DOCUMENTS TO WHICH IT IS A PARTY, OR FOR RECOGNITION OR ENFORCEMENT OF ANY JUDGMENT, AND EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREES THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN ANY SUCH NEW YORK STATE COURT OR, TO THE FULLEST EXTENT PERMITTED BY LAW, IN SUCH FEDERAL COURT, AND EACH LOAN PARTY WAIVES PERSONAL SERVICE OF ANY AND ALL PROCESS UPON IT AND CONSENTS THAT ALL SUCH SERVICE OF PROCESS BE MADE BY CERTIFIED OR REGISTERED MAIL DIRECTED TO SUCH LOAN PARTY AT THE ADDRESSES PROVIDED FOR IN SECTION 10.6 AND SERVICE SO MADE SHALL BE DEEMED TO BE COMPLETED UPON ACTUAL RECEIPT THEREOF. EACH OF THE PARTIES HERETO HEREBY WAIVES ANY OBJECTION TO JURISDICTION AND VENUE OF ANY ACTION INSTITUTED AGAINST IT AS PROVIDED HEREIN AND AGREES NOT TO ASSERT ANY DEFENSE BASED ON LACK OF JURISDICTION OR VENUE. EACH LOAN PARTY, THE AGENT AND THE LENDERS HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING OR COUNTERCLAIM OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT TO THE FULL EXTENT PERMITTED BY LAW.
CONSENT TO FORUM; WAIVER OF JURY TRIAL. For all purposes hereunder and under any of the Loan Documents, each of the Loan Parties hereby irrevocably consents to the nonexclusive jurisdiction of the Court of Common Pleas of Philadelphia County and the United States District Court for the Eastern District of Pennsylvania, and waives personal service of any and all process upon it and consents that all such service of process be made by certified or registered mail directed to the Loan Parties at the addresses provided for in Section 11.06 hereof and service so made shall be deemed to be completed upon actual receipt thereof. The Loan Parties waive any objection to jurisdiction and venue of any action instituted against it as provided herein and agree not to assert any defense based on lack of jurisdiction or venue. The Loan Parties, the Agent and the Banks hereby waive trial by jury in any action, suit, proceeding or counterclaim of any kind arising out of or related to this Agreement, any other Loan Document or any collateral under the Collateral Documents to the full extent permitted by Law.
CONSENT TO FORUM; WAIVER OF JURY TRIAL. 98 11.16.1 SUBMISSION TO JURISDICTION. 98 11.16.2 WAIVER OF VENUE. 98
CONSENT TO FORUM; WAIVER OF JURY TRIAL. Certifications From Lenders and Participants.
CONSENT TO FORUM; WAIVER OF JURY TRIAL. Section 10.17 Tax Withholding Clause Section 10.18 Joinder of Guarantors
CONSENT TO FORUM; WAIVER OF JURY TRIAL. Each of the Loan Parties hereby irrevocably consents to the nonexclusive jurisdiction of the Court of Common Pleas of Hamixxxx Xxxnty, Ohio and the United States District Court for the Southern District of Ohio, and waives personal service of any and all process upon it and consents that all such service of process be made by certified or registered mail directed to such Loan Party at the addresses provided for in Section 11.6 hereof and service so made shall be deemed to be completed upon actual receipt thereof. Each Loan Party waives any objection to jurisdiction and venue of any action instituted against it as provided herein and agrees not to assert any defense based on lack of jurisdiction or venue. Each Loan Party, the Agent and the Banks hereby waive trial by jury in any action, suit, proceeding or counterclaim of any kind arising out of or related to this Agreement or any other Loan Document to the full extent permitted by Law.
CONSENT TO FORUM; WAIVER OF JURY TRIAL. Each party hereto irrevocably waives all right to trial by jury in any court in any action; (a) brought to collect amounts owed under this Agreement; (b) alleging that (i) any party has breached this Agreement or any agreement modified by this Agreement; or (ii) any party has breached any other agreement, expressed or implied; or (c) between the parties. This waiver of trial by jury does not waive any party’s right to bring a lawsuit that a judge, without a jury, would decide. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY SUCH SUIT, ACTION OR PROCEEDING. THE BORROWER ACKNOWLEDGES AND AGREES THAT THIS SECTION 20 IS A SPECIFIC AND MATERIAL ASPECT OF THIS AGREEMENT BETWEEN THE PARTIES AND THAT THE LENDERS WOULD NOT EXTEND THE LOANS TO THE BORROWER IF THE WAIVER OF JURY TRIAL WERE NOT A PART OF THIS AGREEMENT. For the purpose of any suit, action or proceeding arising out of or relating to this Agreement, each of the Borrower, the Manager, and the Advisor hereby irrevocably consents and submits to the jurisdiction and venue of any of the courts of the Commonwealth of Pennsylvania, including, without limitation, the State Courts of Allegheny County and the United States District Court for the Western District of Pennsylvania, copies of which process shall be mailed or delivered to the Borrower or the Manager or the Advisor, as applicable. Each of the Manager, the Advisor and the Borrower irrevocably waives any objection which it may now or hereafter have to the laying of the venue of any suit, action, or proceeding brought in such court and any claim that such suit, action or proceeding brought in such a court has been brought in an inconvenient forum and agrees that service of process in accordance with the foregoing sentence shall be deemed in every respect effective and valid personal service of process upon the Manager, the Advisor or the Borrower, as applicable. The provisions of this Section 20 shall not limit or otherwise effect the right of the Agent to institute and conduct action in any other appropriate manner, jurisdiction or court.
CONSENT TO FORUM; WAIVER OF JURY TRIAL. The Borrower hereby irrevocably consents to the nonexclusive jurisdiction of the Court of Common Pleas of Allegheny County and the United States District Court for the Western District of Pennsylvania, and waives personal service of any and all process upon it and consents that all such service of process be made by certified or registered mail directed to the Borrower at the addresses provided for in Section 11.06 hereof and service so made shall be deemed to be completed upon
CONSENT TO FORUM; WAIVER OF JURY TRIAL. 10.17 Tax Withholding Clause. 10.18 Joinder of Guarantors. 10.19 Documentation Agent and Co-Agents.
