Governing Law, Consent to Jurisdiction and Service of Process; Waiver of Jury Trial Sample Clauses

Governing Law, Consent to Jurisdiction and Service of Process; Waiver of Jury Trial. Sections 10.14 and 10.15 of the Credit Agreement are incorporated herein, mutatis mutandis, as if a part hereof.

Governing Law, Consent to Jurisdiction and Service of Process; Waiver of Jury Trial. (a) THIS AGREEMENT AND THE OTHER DOCUMENTS SHALL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS APPLICABLE TO CONTRACTS MADE AND PERFORMED IN SUCH STATE, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW. (b) THE DEBTOR HEREBY CONSENTS AND AGREES THAT THE STATE OR FEDERAL COURTS LOCATED IN THE COUNTY OF XXXXXX, STATE OF TEXAS SHALL HAVE EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ANY CLAIMS OR DISPUTES BETWEEN THE DEBTOR, ON THE ONE HAND, AND THE SECURED PARTY, ON THE OTHER HAND, PERTAINING TO THIS AGREEMENT OR ANY OF THE OTHER DOCUMENTS OR TO ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY OF THE OTHER DOCUMENTS. (c) THE PARTIES HERETO DESIRE THAT THEIR DISPUTES BE RESOLVED BY A JUDGE APPLYING SUCH APPLICABLE LAWS. TO THE EXTENT NOT PROHIBITED BY LAW, THE PARTIES HERETO WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, SUIT, OR PROCEEDING BROUGHT TO RESOLVE ANY DISPUTE, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE BETWEEN THE PLEDGEE AND/OR THE DEBTOR ARISING OUT OF, CONNECTED WITH, RELATED OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM IN CONNECTION WITH THIS AGREEMENT, ANY OTHER DOCUMENT OR THE TRANSACTIONS RELATED HERETO OR THERETO.

Governing Law, Consent to Jurisdiction and Service of Process; Waiver of Jury Trial. Section 12.7 of the Indenture is incorporated herein, mutatis mutandis, as if a part hereof.

Governing Law, Consent to Jurisdiction and Service of Process; Waiver of Jury Trial. Sections 10.15 and 10.16 of the Credit Agreement are incorporated herein, mutatis mutandis, as if a part hereof. Notwithstanding the above, each of the Pledgors agrees that in the event that a court of competent jurisdiction determines that the Commercial Transactions Act, as amended, governs the attachment, constitution, perfection, priority or enforcement of the security interest granted to the Collateral Agent and a type of Collateral defined in this Agreement is not covered by the provisions of Chapter 9 of the Commercial Transactions Act, then the laws of the State of New York shall supplement the laws of the Commonwealth of Puerto Rico concerning the attachment, constitution, perfection, priority or enforcement, as applicable, of such security interest with respect to such property of a type that is outside of the scope of Chapter 9 of the Commercial Transactions Act but which is deemed Collateral under this Agreement. Notwithstanding the foregoing, it is the intent of the parties hereto that the terms of this Agreement shall be governed by and that the Agreement shall apply the laws of the State of New York with respect to the attachment of the security interest granted hereunder.

Governing Law, Consent to Jurisdiction and Service of Process; Waiver of Jury Trial. This Agreement and, unless otherwise expressly provided therein, all other Loan Documents, shall be governed by, and shall be construed and enforced in accordance with, the laws of the State of New York. Each Borrower hereby consents to the jurisdiction of any state or federal court located within the County of New York, State of New York and irrevocably agrees that, subject to Lenders' election, all actions or proceedings arising out of or relating to this Agreement or the other Loan Documents shall be litigated in such courts. Each Borrower accepts for itself and in connection with its properties, generally and unconditionally, the nonexclusive jurisdiction of the aforesaid courts and waives any defense of forum non conveniens, and irrevocably agrees to be bound by any judgment rendered thereby in connection with this Agreement, each Note, each other Loan Document or the Obligations. Each Borrower designates and appoints CT Corporation System, New York, New York and such other Persons as may hereafter be selected by such Borrower which irrevocably agree in writing to so serve as its agent to receive on its behalf service of all process in any such proceedings in any such court, such service being hereby acknowledged by such Borrower to be effective and binding service in every respect. A copy of any such process so served shall be mailed by registered mail to Borrower at its address provided in subsection 8.10 except that unless otherwise provided by Applicable Law, any failure to mail such copy shall not affect the validity of service of process. If any agent appointed by any Borrower refuses to accept service, such Borrower hereby agrees that service upon it by mail shall constitute sufficient notice. Nothing herein shall affect the right to serve process in any other manner permitted by law or shall limit the right of Lenders or Agent to bring proceedings against a Borrower in the courts of any other jurisdiction. Each Borrower, Agent and each Lender hereby waive their respective rights to a jury trial of any claim or cause of action based upon or arising out of this agreement, any of the Loan Documents, or any dealings between them relating to the subject matter of this loan transaction and the relationship that is being established hereunder. Each Borrower also waives any bond or surety or security upon such bond which might, but for this waiver, be required of Lenders or Agent. The scope of this waiver is intended to be all-encompassing of any and ...

Governing Law, Consent to Jurisdiction and Service of Process; Waiver of Jury Trial. THIS AGREEMENT AND ANY CLAIMS, CONTROVERSY, DISPUTE OR CAUSE OF ACTION (WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE) BASED UPON, ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, AND GOVERNED BY, THE LAW OF THE STATE OF NEW YORK.

Governing Law, Consent to Jurisdiction and Service of Process; Waiver of Jury Trial. Sections 11.6 through 11.8 of the Intercreditor Agreement are hereby incorporated by reference, mutatis mutandis, as if a part hereof.

Governing Law, Consent to Jurisdiction and Service of Process; Waiver of Jury Trial. THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK. THE PROVISIONS OF THE SECURITY AGREEMENT RELATING TO CONSENT TO JURISDICTION AND WAIVER OF JURY TRIAL ARE HEREBY INCORPORATED BY REFERENCE HEREIN, MUTATIS MUTANDIS.

Governing Law, Consent to Jurisdiction and Service of Process; Waiver of Jury Trial. The terms of Sections 11.09 and 11.10 of the First Lien Credit Agreement with respect to governing law, consent of jurisdiction, service of process, venue and waiver of jury trial are incorporated herein by reference, mutatis mutandis, and the parties hereto agree to such terms.

Governing Law, Consent to Jurisdiction and Service of Process; Waiver of Jury Trial. Sections 9.09 and 9.10 of the Credit Agreement are incorporated herein, mutatis mutandis, as if a part hereof. In Witness Whereof, each Pledgor and the Collateral Agent have caused this Patent Security Agreement to be duly executed and delivered by their duly authorized officers as of the date first above written. [PLEDGORS], as Pledgor By: Name: Title: XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Collateral Agent By: Name: Title: This Trademark Security Agreement dated as of [ ] made by [________] and [________] as pledgors and debtors (in such capacities and together with any successors in such capacities, individually, a “Pledgor”, and, collectively, the “Pledgors”), in favor of XXXXX FARGO BANK, NATIONAL ASSOCIATION, in its capacity as Collateral Agent pursuant to the Credit Agreement (as defined in the Security Agreement), as pledgee, assignee and secured party (in such capacities and together with any successors in such capacities, the “Collateral Agent”).