Common use of Governing Law Submission to Jurisdiction Etc Clause in Contracts

Governing Law Submission to Jurisdiction Etc. THIS AGREEMENT, THE NOTE AND THE OTHER CREDIT DOCUMENTS SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF ILLINOIS. THE COMPANY HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY ILLINOIS STATE OR UNITED STATES FEDERAL COURT SITTING IN SPRINGFIELD, ILLINOIS OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE NOTE, OR ANY OF THE OTHER CREDIT DOCUMENTS, AND THE COMPANY HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH ILLINOIS STATE OR FEDERAL COURT. THE COMPANY WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO ANY ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON CONVENIENS. NOTHING IN THIS SECTION 8.11 SHALL AFFECT THE RIGHT OF THE BANK TO SERVE LEGAL PROCESS IN ANY MANNER PERMITTED BY LAW OR AFFECT THE RIGHT OF THE BANK TO BRING ANY ACTION OR PROCEEDING AGAINST THE COMPANY OR ITS PROPERTY IN THE COURTS OF ANY OTHER JURISDICTION.

Governing Law Submission to Jurisdiction Etc. (a) GOVERNING LAW. THIS AGREEMENT, THE NOTE AND THE OTHER CREDIT DOCUMENTS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW LAWS OF THE STATE OF ILLINOISNEW YORK, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW PRINCIPLES EXCEPT FEDERAL LAWS RELATING TO NATIONAL BANKS. THE COMPANY HEREBY (b) SUBMISSION TO JURISDICTION. BORROWERS IRREVOCABLY SUBMITS AND UNCONDITIONALLY SUBMIT, FOR THEMSELVES AND THEIR PROPERTY, TO THE NONEXCLUSIVE JURISDICTION OF ANY ILLINOIS THE COURTS OF THE STATE OR UNITED STATES FEDERAL COURT OF NEW YORK SITTING IN SPRINGFIELDXXX XXXX XXXXXX XXX XX XXX XXXXXX XXXXXX DISTRICT COURT OF THE SOUTHERN DISTRICT OF NEW YORK, ILLINOIS OVER AND ANY APPELLATE COURT FROM ANY THEREOF, IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE NOTE, OR FOR RECOGNITION OR ENFORCEMENT OF ANY OF THE OTHER CREDIT DOCUMENTSJUDGMENT, AND THE COMPANY HEREBY BORROWERS IRREVOCABLY AGREES AND UNCONDITIONALLY AGREE THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH ILLINOIS NEW YORK STATE OR COURT OR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN SUCH FEDERAL COURT. THE COMPANY WAIVES BORROWERS AGREE THAT A FINAL JUDGMENT IN ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO ANY ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN SUCH STATE OTHER JURISDICTIONS BY SUIT ON THE BASIS OF FORUM NON CONVENIENSJUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. NOTHING IN THIS SECTION 8.11 AGREEMENT SHALL AFFECT THE ANY RIGHT OF THE BANK TO SERVE LEGAL PROCESS IN ANY MANNER PERMITTED BY LAW OR AFFECT THE RIGHT OF THE BANK THAT LENDER MAY OTHERWISE HAVE TO BRING ANY ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AGAINST THE COMPANY BORROWERS OR ITS PROPERTY THEIR PROPERTIES IN THE COURTS OF ANY OTHER JURISDICTION.

Governing Law Submission to Jurisdiction Etc. THIS AGREEMENT, THE NOTE AND THE OTHER CREDIT TRANSACTION DOCUMENTS SHALL WILL BE GOVERNED BY, BY AND CONSTRUED IN ACCORDANCE WITH, WITH THE LAW LAWS OF THE STATE OF ILLINOIS. NEW YORK APPLICABLE TO CONTRACTS MADE AND TO BE PERFORMED ENTIRELY WITHIN SUCH STATE (PROVIDED THAT THE COMPANY HEREBY IRREVOCABLY SUBMITS CERTIFICATE OF DESIGNATIONS AND MATTERS RELATING TO THE JURISDICTION COMPANY’S MEMORANDUM OF ASSOCIATION AND BYE-LAWS WILL BE GOVERNED BY THE LAWS OF BERMUDA). IN CONNECTION WITH ANY ILLINOIS STATE DISPUTE, CONTROVERSY OR UNITED STATES FEDERAL COURT SITTING IN SPRINGFIELD, ILLINOIS OVER ANY ACTION OR PROCEEDING CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE NOTETRANSACTION DOCUMENTS, OR THE VALIDITY, INTERPRETATION, BREACH OR TERMINATION OF ANY TRANSACTION DOCUMENTS, INCLUDING CLAIMS SEEKING REDRESS OR ASSERTING RIGHTS UNDER ANY LAW, EACH OF THE OTHER CREDIT DOCUMENTS, AND PARTIES HERETO AGREES (A) TO SUBMIT TO THE COMPANY HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT PERSONAL JURISDICTION OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH ILLINOIS THE STATE OR FEDERAL COURT. THE COMPANY WAIVES ANY OBJECTION TO COURTS IN XXX XXXXXXX XX XXXXXXXXX, XXX XXXX XX XXX XXXX, (X) THAT EXCLUSIVE JURISDICTION AND VENUE SHALL LIE IN SUCH STATE OR FEDERAL COURTS IN THE BOROUGH OF MANHATTAN AND EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES AND AGREES NOT TO PLEAD OR CLAIM IN ANY OBJECTION TO ANY ACTION SUCH COURT THAT SUCH DISPUTE, CONTROVERSY OR PROCEEDING CLAIM BROUGHT IN SUCH STATE ON COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM AND (C) THAT NOTICE MAY BE SERVED UPON SUCH PARTY AT THE BASIS OF FORUM NON CONVENIENS. NOTHING IN THIS SECTION 8.11 SHALL AFFECT THE RIGHT OF THE BANK TO SERVE LEGAL PROCESS IN ANY MANNER PERMITTED BY LAW OR AFFECT THE RIGHT OF THE BANK TO BRING ANY ACTION OR PROCEEDING AGAINST THE COMPANY OR ITS PROPERTY ADDRESS AND IN THE COURTS OF ANY OTHER JURISDICTIONMANNER SET FORTH FOR SUCH PARTY IN SECTION 5.9.

Governing Law Submission to Jurisdiction Etc. (A) THIS AGREEMENT, THE NOTE AND THE OTHER CREDIT DOCUMENTS AGREEMENT SHALL BE GOVERNED BY, INTERPRETED UNDER, AND CONSTRUED IN ACCORDANCE WITH, WITH THE LAW INTERNAL LAWS OF THE STATE OF ILLINOISNEW YORK APPLICABLE TO AGREEMENTS MADE AND TO BE PERFORMED WITHIN THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAWS THEREOF. THE COMPANY PARTIES HEREBY IRREVOCABLY SUBMITS SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (UNLESS U.S. FEDERAL JURISDICTION IS LACKING, IN WHICH CASE THE PARTIES AGREE TO SUBMIT TO THE JURISDICTION OF ANY ILLINOIS STATE OR UNITED STATES FEDERAL COURT OF GENERAL JURISDICTION SITTING IN SPRINGFIELDNEW YORK COUNTY IN THE STATE OF NEW YORK) IN RESPECT OF ANY ACTION, ILLINOIS OVER ANY ACTION SUIT OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE NOTE, OR IN CONNECTION WITH ANY OF THE OTHER CREDIT DOCUMENTSTRANSACTION DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED THEREBY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HERETO HEREBY WAIVE AND AGREE NOT TO ASSERT BY WAY OF MOTION, AS A DEFENSE OR OTHERWISE IN ANY SUCH SUIT, ACTION OR PROCEEDING, ANY CLAIM THAT IS NOT PERSONALLY SUBJECT TO THE COMPANY HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT JURISDICTION OF SUCH ACTION COURTS, THAT THE ACTION, SUIT OR PROCEEDING MAY BE HEARD AND DETERMINED IS BROUGHT IN SUCH ILLINOIS STATE OR FEDERAL COURT. AN INCONVENIENT FORUM, THAT THE COMPANY WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO ANY ACTION OF THE ACTION, SUIT OR PROCEEDING IS IMPROPER OR THAT MATTERS RELATING TO THE TRANSACTION DOCUMENTS OR THE SUBJECT MATTER THEREOF MAY NOT BE LITIGATED IN OR BY SUCH STATE ON THE BASIS OF FORUM NON CONVENIENS. NOTHING IN THIS SECTION 8.11 SHALL AFFECT THE RIGHT OF THE BANK TO SERVE LEGAL PROCESS IN ANY MANNER PERMITTED BY LAW OR AFFECT THE RIGHT OF THE BANK TO BRING ANY ACTION OR PROCEEDING AGAINST THE COMPANY OR ITS PROPERTY IN THE COURTS OF ANY OTHER JURISDICTIONCOURTS.

Governing Law Submission to Jurisdiction Etc. THIS AGREEMENT, THE NOTE AND THE OTHER CREDIT DOCUMENTS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, WITH THE LAW LAWS OF THE STATE OF ILLINOISNEW YORK WITHOUT REGARD TO ANY CONFLICTS OF LAW PROVISIONS (OTHER THAN SECTION 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW WHICH SHALL GOVERN) AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, EXCEPT TO THE EXTENT PREEMPTED BY FEDERAL LAW. EACH OF THE COMPANY HEREBY SELLER AND EACH OF THE PURCHASER IRREVOCABLY (I) SUBMITS TO THE EXCLUSIVE JURISDICTION OF ANY ILLINOIS THE COURTS OF THE STATE OR OF NEW YORK AND THE FEDERAL COURTS OF THE UNITED STATES FEDERAL COURT SITTING IN SPRINGFIELD, ILLINOIS OVER OF AMERICA FOR THE SOUTHERN DISTRICT OF NEW YORK FOR THE PURPOSE OF ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT; (II) WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, THE NOTE, OR ANY DEFENSE OF THE OTHER CREDIT DOCUMENTS, AND THE COMPANY HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS AN INCONVENIENT FORUM IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH ILLINOIS STATE OR FEDERAL COURT. THE COMPANY WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO ANY ACTION OR PROCEEDING IN ANY SUCH STATE ON THE BASIS OF FORUM NON CONVENIENS. NOTHING COURT; (III) AGREES THAT A FINAL JUDGMENT IN THIS SECTION 8.11 SHALL AFFECT THE RIGHT OF THE BANK TO SERVE LEGAL PROCESS IN ANY MANNER PERMITTED BY LAW OR AFFECT THE RIGHT OF THE BANK TO BRING ANY ACTION OR PROCEEDING AGAINST THE COMPANY OR ITS PROPERTY IN THE COURTS OF ANY SUCH COURT SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN ANY OTHER JURISDICTIONJURISDICTION BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW; AND (IV) CONSENTS TO SERVICE OF PROCESS UPON IT BY MAILING A COPY THEREOF BY CERTIFIED MAIL ADDRESSED TO IT AS PROVIDED FOR NOTICES HEREUNDER.

Governing Law Submission to Jurisdiction Etc. THIS AGREEMENT, THE NOTE AGREEMENT AND THE OTHER CREDIT DOCUMENTS SHALL SENIOR NOTES WILL BE GOVERNED BY, BY AND CONSTRUED IN ACCORDANCE WITHWITH THE FEDERAL LAW OF THE UNITED STATES IF AND TO THE EXTENT SUCH LAW IS APPLICABLE, OTHERWISE IN ACCORDANCE WITH THE LAW LAWS OF THE STATE OF ILLINOISNEW YORK APPLICABLE TO CONTRACTS MADE AND TO BE PERFORMED ENTIRELY WITHIN SUCH STATE. EACH OF THE COMPANY HEREBY IRREVOCABLY SUBMITS PARTIES HERETO AGREES (A) TO SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF ANY ILLINOIS STATE OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AND THE UNITED STATES COURT OF FEDERAL COURT SITTING IN SPRINGFIELDCLAIMS FOR ANY AND ALL CIVIL ACTIONS, ILLINOIS OVER ANY ACTION SUITS OR PROCEEDING PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE NOTESENIOR NOTES OR THE WARRANT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, OR AND (B) THAT NOTICE MAY BE SERVED UPON (I) THE BANK AT THE ADDRESS AND IN THE MANNER SET FORTH FOR NOTICES TO THE BANK IN SECTION 7.6, (II) ANY THE INVESTOR IN ACCORDANCE WITH FEDERAL LAW. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE OTHER CREDIT DOCUMENTS, PARTIES HERETO AND EACH HOLDER OF THE COMPANY SENIOR NOTES HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS UNCONDITIONALLY WAIVES TRIAL BY JURY IN RESPECT OF SUCH ANY CIVIL LEGAL ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH ILLINOIS STATE RELATING TO THIS AGREEMENT, THE SENIOR NOTES OR FEDERAL COURT. THE COMPANY WAIVES ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO ANY ACTION WARRANT OR PROCEEDING IN SUCH STATE ON THE BASIS OF FORUM NON CONVENIENS. NOTHING IN THIS SECTION 8.11 SHALL AFFECT THE RIGHT OF THE BANK TO SERVE LEGAL PROCESS IN ANY MANNER PERMITTED BY LAW TRANSACTIONS CONTEMPLATED HEREBY OR AFFECT THE RIGHT OF THE BANK TO BRING ANY ACTION OR PROCEEDING AGAINST THE COMPANY OR ITS PROPERTY IN THE COURTS OF ANY OTHER JURISDICTIONTHEREBY.

Governing Law Submission to Jurisdiction Etc. THIS AGREEMENT, THE NOTE AGREEMENT AND THE OTHER CREDIT DOCUMENTS ALL ISSUES HEREUNDER SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, WITH AND GOVERNED BY THE LAW INTERNAL LAWS OF THE STATE OF ILLINOISLOUISIANA. TO THE COMPANY FULLEST EXTENT IT MAY EFFECTIVELY DO SO UNDER APPLICABLE LAW, EACH OF THE PARTIES TO THIS AGREEMENT HEREBY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF ANY ILLINOIS LOUISIANA STATE COURT SITTING IN THE PARISH OF EAST BATON ROUGE OR UNITED STATES ANY FEDERAL COURT SITTING IN SPRINGFIELDTHE PARISH OF EAST BATON ROUGE IN RESPECT TO ANY SUIT, ILLINOIS OVER ANY ACTION OR PROCEEDING PROCEEDING, WHETHER IN TORT, CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE NOTE, OR ANY . EACH OF THE OTHER CREDIT DOCUMENTSPARTIES TO THIS AGREEMENT IRREVOCABLY WAIVES, TO THE FULLEST EXTENT IT MAY EFFECTIVELY DO SO UNDER APPLICABLE LAW, TRIAL BY JURY AND ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE COMPANY HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED BROUGHT IN ANY SUCH ILLINOIS STATE OR FEDERAL COURT. THE COMPANY WAIVES ANY OBJECTION TO VENUE IN SUCH STATE COURT AND ANY OBJECTION TO CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH STATE ON THE BASIS OF FORUM NON CONVENIENSCOURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. NOTHING IN THIS SECTION 8.11 HEREIN SHALL AFFECT THE RIGHT OF THE BANK ANY LENDER OR ITS AGENTS TO SERVE LEGAL PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR AFFECT THE RIGHT OF THE BANK TO BRING COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST ANY PARTY IN ANY COLLATERAL ACTION OR PROCEEDING AGAINST THE COMPANY OR ITS PROPERTY IN THE COURTS OF ANY OTHER JURISDICTION.