Common use of CHOICE OF FORUM; CONSENT TO SERVICE OF PROCESS AND JURISDICTION Clause in Contracts

CHOICE OF FORUM; CONSENT TO SERVICE OF PROCESS AND JURISDICTION. Any suit, action, or proceeding against Borrower with respect to this Agreement, the Note, or other Loan Documents, or any judgment entered by any court in respect thereof, may be brought in the courts of the State of Texas, County of Dallas, or in the United States courts located in the State of Texas as the Agent in its sole discretion may elect and Borrower hereby irrevocably submits to the nonexclusive jurisdiction of such courts for the purpose of any such suit, action, or proceeding. Borrower hereby irrevocably consents to the service of process in any suit, action, or proceeding in said court by the mailing thereof by the Agent by registered or certified mail, postage prepaid, to Borrower’s address shown opposite its name on the signature pages hereof. Nothing herein or in any of the other Loan Documents shall affect the right of the Agent or any Lender to serve process in any other manner permitted by law or shall limit the right of the Agent or any Lender to bring any action or proceeding against Borrower or with respect to any of its property in courts in other jurisdiction. Borrower hereby irrevocably waives any objections which it may now or hereafter have to the laying of venue of any suit, action, or proceeding arising out of or relating to this Agreement, the Note, or any other Loan Documents brought in the courts located in the State of Texas, County of Dallas, and hereby further irrevocably waives any claim that any such suit, action, or proceeding brought in any such court has been brought in any inconvenient forum.

Appears in 2 contracts

Samples: Credit Agreement (Tandy Brands Accessories Inc), Credit Agreement (Tandy Brands Accessories Inc)

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CHOICE OF FORUM; CONSENT TO SERVICE OF PROCESS AND JURISDICTION. Any suit, action, action or proceeding against Borrower with respect to this Agreement, Agreement or the Note, or other Loan Documents, Debenture or any judgment entered by any court in respect thereof, may be brought in the courts of the State of Texas, County of Dallas, or in the United States federal courts located in the State of Texas Texas, as the Agent Lender or the Agent, in its sole discretion discretion, may elect elect, and Borrower hereby irrevocably submits to the nonexclusive jurisdiction of such courts for the purpose of any such suit, action, action or proceeding. Borrower hereby irrevocably consents to the agrees that service of all writs, process and summonses in any such suit, action, or proceeding in said court by the mailing thereof by the Agent by registered or certified mail, postage prepaid, to Borrower’s address shown opposite its name on the signature pages hereof. Nothing herein or in any of the other Loan Documents shall affect the right of the Agent or any Lender to serve process in any other manner permitted by law or shall limit the right of the Agent or any Lender to bring any action or proceeding against brought in the State of Texas may be brought upon, and Borrower or with respect hereby irrevocably appoints, CT Corporation System, Dallas, Texas, as its true and lawful attorney-in-fact in the name, place and stead of Borrower to accept such service of any of its property in courts in other jurisdictionand all such writs, process and summonses. Borrower hereby irrevocably waives any objections which it may now or hereafter have to the laying of venue of any suit, action, action or proceeding arising out of or relating to this Agreement, the Note, Agreement or any other Loan Documents Debenture brought in the courts located in the State of Texas, County of Dallassuch courts, and hereby further irrevocably waives any claim that any such suit, action, action or proceeding brought in any such court has been brought in any inconvenient forum.

Appears in 2 contracts

Samples: Convertible Loan Agreement (Caminosoft Corp), Convertible Loan Agreement (Caminosoft Corp)

CHOICE OF FORUM; CONSENT TO SERVICE OF PROCESS AND JURISDICTION. Any suit, action, or proceeding against Borrower with respect to this Agreement, the Revolving Note, or other Loan Security Documents, or any judgment entered by any court in respect thereof, may be brought in the courts of the State of Texas, County of Dallas, or in the United States courts located in the State of Texas as the Agent Bank in its sole discretion may elect elect, and Borrower hereby irrevocably submits to the nonexclusive jurisdiction of such courts for the purpose of any such suit, action, or proceeding. Borrower hereby irrevocably consents to the service of process in any suit, action, or proceeding in said court by the mailing thereof by the Agent Bank by registered or certified mail, postage prepaid, to Borrower’s address shown opposite its name on the signature pages hereof. Nothing herein or in any of the other Loan Security Documents shall affect the right of the Agent or any Lender Bank to serve process in any other manner permitted by law or shall limit the right of the Agent or any Lender Bank to bring any action or proceeding against Borrower or with respect to any of its property in courts in other jurisdiction. Borrower hereby irrevocably waives any objections which it may now or hereafter have to the laying of venue of any suit, action, or proceeding arising out of or relating to this Agreement, the Revolving Note, or any other Loan Security Documents brought in the courts located in the State of Texas, County of Dallas, and hereby further irrevocably waives any claim that any such suit, action, or proceeding brought in any such court has been brought in any inconvenient forum. Any action or proceeding by Borrower against Bank shall be brought only in a court located in Dallas County, Texas.

Appears in 2 contracts

Samples: Revolving Loan and Security Agreement (Ironclad Performance Wear Corp), Revolving Loan and Security Agreement (Ironclad Performance Wear Corp)

CHOICE OF FORUM; CONSENT TO SERVICE OF PROCESS AND JURISDICTION. (a) Any suit, action, action or proceeding against the Borrower with respect to this Agreement, the Note, or other Loan Documents, Debentures or any judgment entered by any court in respect thereof, may be brought in the courts of the State of Texas, County of Dallas, or in the United States courts located in the State of Texas as the Agent Lender in its sole discretion may elect elect, and Borrower hereby irrevocably submits to the nonexclusive non-exclusive jurisdiction of such courts for the purpose of any such suit, action, action or proceeding. Borrower hereby irrevocably consents to the agrees that service of all writs, process and summonses in any such suit, action, or proceeding in said court by the mailing thereof by the Agent by registered or certified mail, postage prepaid, to Borrower’s address shown opposite its name on the signature pages hereof. Nothing herein or in any of the other Loan Documents shall affect the right of the Agent or any Lender to serve process in any other manner permitted by law or shall limit the right of the Agent or any Lender to bring any action or proceeding against brought in the State of Texas may be brought upon, and Borrower or with respect hereby irrevocably appoints, the CT Corporation, Dallas, Texas, as its true and lawful attorney-in-fact in the name, place and stead of Borrower to accept such service of any of its property in courts in other jurisdictionand all such writs, process and summonses. Borrower hereby irrevocably waives any objections which it may now or hereafter have to the laying of venue of any suit, action, action or proceeding arising out of or relating to this Agreement, the Note, Agreement or any other Loan Documents Debenture brought in the courts located in the State of Texas, County of Dallas, and hereby further irrevocably waives any claim that any such suit, action, action or proceeding brought in any such court has been brought in any inconvenient forum.

Appears in 2 contracts

Samples: Convertible Loan Agreement (Jakks Pacific Inc), Convertible Loan Agreement (Integrated Security Systems Inc)

CHOICE OF FORUM; CONSENT TO SERVICE OF PROCESS AND JURISDICTION. Any suit, action, action or proceeding against Borrower with respect to this Agreement, Agreement or the Note, or other Loan Documents, Debentures or any judgment entered by any court in respect thereof, may be brought in the courts of the State of Texas, County of Dallas, or in the United States federal courts located in the State of Texas Texas, as the Agent each Lender in its sole discretion may elect elect, and Borrower hereby irrevocably submits to the nonexclusive jurisdiction of such courts for the purpose of any such suit, action, action or proceeding. Borrower hereby irrevocably consents to the agrees that service of all writs, process and summonses in any such suit, action, or proceeding in said court by the mailing thereof by the Agent by registered or certified mail, postage prepaid, to Borrower’s address shown opposite its name on the signature pages hereof. Nothing herein or in any of the other Loan Documents shall affect the right of the Agent or any Lender to serve process in any other manner permitted by law or shall limit the right of the Agent or any Lender to bring any action or proceeding against brought in the State of Texas may be brought upon, and Borrower or with respect hereby irrevocably appoints, the CT Corporation System, Dallas, Texas, as its true and lawful attorney-in-fact in the name, place and stead of Borrower to accept such service of any of its property in courts in other jurisdictionand all such writs, process and summonses. Borrower hereby irrevocably waives any objections which it may now or hereafter have to the laying of venue of any suit, action, action or proceeding arising out of or relating to this Agreement, the Note, Agreement or any other Loan Documents Debenture brought in the courts located in the State of Texas, County of Dallassuch courts, and hereby further irrevocably waives any claim that any such suit, action, action or proceeding brought in any such court has been brought in any inconvenient forum.

Appears in 2 contracts

Samples: Agreement (La Man Corporation), Convertible Loan Agreement (Simtek Corp)

CHOICE OF FORUM; CONSENT TO SERVICE OF PROCESS AND JURISDICTION. Any suit, action, action or proceeding against the Borrower with respect to this Agreement, the Note, or other Loan Documents, Debentures or any judgment entered by any court in respect thereof, may be brought in the courts of the State of Texas, County of Dallas, the State of Ohio, County of Franklin, or in the United States courts located in the State States of Texas or Ohio, as the Agent each Lender in its sole discretion may elect elect, and Borrower hereby irrevocably submits to the nonexclusive jurisdiction of such courts for the purpose of any such suit, action, action or proceeding. Borrower hereby irrevocably consents to the agrees that service of all writs, process and summonses in any such suit, action, or proceeding in said court by the mailing thereof by the Agent by registered or certified mail, postage prepaid, to Borrower’s address shown opposite its name on the signature pages hereof. Nothing herein or in any of the other Loan Documents shall affect the right of the Agent or any Lender to serve process in any other manner permitted by law or shall limit the right of the Agent or any Lender to bring any action or proceeding against brought in the State of Texas may be brought upon, and Borrower or with respect hereby irrevocably appoints, the CT Corporation System, Dallas, Texas, as its true and lawful attorney-in-fact in the name, place and stead of Borrower to accept such service of any of its property in courts in other jurisdictionand all such writs, process and summonses. Borrower hereby irrevocably waives any objections which it may now or hereafter have to the laying of venue of any suit, action, action or proceeding arising out of or relating to this Agreement, the Note, Agreement or any other Loan Documents Debenture brought in the courts located in the State of Texas, County of Dallassuch courts, and hereby further irrevocably waives any claim that any such suit, action, action or proceeding brought in any such court has been brought in any inconvenient forum.. AGREEMENT (CONTINUED)

Appears in 1 contract

Samples: Convertible Loan Agreement (Play by Play Toys & Novelties Inc)

CHOICE OF FORUM; CONSENT TO SERVICE OF PROCESS AND JURISDICTION. (a) Any suit, action, action or proceeding against the Borrower with respect to this Loan Agreement, the Note, or other Loan Documents, Debentures or any judgment entered by any court in respect thereof, may be brought in the courts of the State of Texas, County of Dallas, or in the United States courts located in the State of Texas as the Agent Lender in its sole discretion may elect and Borrower hereby irrevocably submits to the nonexclusive non-exclusive jurisdiction of such courts for the purpose of any such suit, action, action or proceeding. Borrower hereby irrevocably consents to the agrees that service of all writs, process and summonses in any such suit, action, or proceeding in said court by the mailing thereof by the Agent by registered or certified mail, postage prepaid, to Borrower’s address shown opposite its name on the signature pages hereof. Nothing herein or in any of the other Loan Documents shall affect the right of the Agent or any Lender to serve process in any other manner permitted by law or shall limit the right of the Agent or any Lender to bring any action or proceeding against brought in the State of Texas may be brought upon, and Borrower or with respect hereby irrevocably appoints, the CT Corporation, Dallas, Texas, as its true and lawful attorney-in-fact in the name, place and stead of Borrower to accept such service of any of its property in courts in other jurisdictionand all such writs, process and summonses. Borrower hereby irrevocably waives any objections which it may now or hereafter have to the laying of venue of any suit, action, action or proceeding arising out of or relating to this Agreement, the Note, Loan Agreement or any other Loan Documents Debenture brought in the courts located in the State of Texas, County of Dallas, and hereby further irrevocably waives any claim that any such suit, action, action or proceeding brought in any such court has been brought in any inconvenient forum.

Appears in 1 contract

Samples: Convertible Debenture Loan Agreement (Topro Inc)

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CHOICE OF FORUM; CONSENT TO SERVICE OF PROCESS AND JURISDICTION. Any suit, action, or proceeding against Borrower with respect to this Agreement, the Note, or other Loan Documents, or any judgment entered by any court in respect thereof, may be brought in the courts of the State of Texas, County of Dallas, or in the United States courts located in the State of Texas as the Agent Lender in its sole discretion may elect and Borrower hereby irrevocably submits to the nonexclusive jurisdiction of such courts for the purpose of any such suit, action, or proceeding. Borrower hereby irrevocably consents to the service of process in any suit, action, or proceeding in said court by the mailing thereof by the Agent Lender by registered or certified mail, postage prepaid, to Borrower’s 's address shown opposite its name on the signature pages hereof. Nothing herein or in any of the other Loan Documents shall affect the right of the Agent or any Lender to serve process in any other manner permitted by law or shall limit the right of the Agent or any Lender to bring any action or proceeding against Borrower or with respect to any of its property in courts in other jurisdiction. Borrower hereby irrevocably waives any objections which it may now or hereafter have to the laying of venue of any suit, action, or proceeding arising out of or relating to this Agreement, the Note, or any other Loan Documents brought in the courts located in the State of Texas, County of Dallas, and hereby further irrevocably waives any claim that any such suit, action, or proceeding brought in any such court has been brought in any inconvenient forum.

Appears in 1 contract

Samples: Revolving Credit Agreement (Tandy Brands Accessories Inc)

CHOICE OF FORUM; CONSENT TO SERVICE OF PROCESS AND JURISDICTION. Any suit, action, or proceeding against Borrower with respect to this Agreement, the Note, or other Loan DocumentsNotes, or any judgment entered by any court in respect thereof, may be brought in the courts of the State of Texas, County of Dallas, or in the United States courts located in the State of Texas Texas, as the Agent and Lender in its their sole discretion may elect and Borrower hereby irrevocably submits to the nonexclusive jurisdiction of such courts for the purpose of any such suit, action, or proceeding. Borrower hereby irrevocably consents to the service of process in any suit, action, or proceeding in said court by the mailing thereof by the Agent by registered or certified mail, postage prepaid, to Borrower’s 's address shown opposite its name on the signature pages hereof. Nothing herein or in any of the other Loan Documents shall affect the right of the Agent or any Lender to serve process in any other manner permitted by law or shall limit the right of the Agent or any Lender Lenders to bring any action or proceeding against Borrower or with respect to any of its property in courts in other jurisdiction. Borrower hereby irrevocably waives any objections which it may now or hereafter have to the laying of venue of any suit, action, or proceeding arising out of or relating to this Agreement, the Note, Agreement or any other Loan Documents Note brought in the courts located in the State of Texas, County of Dallas, and hereby further irrevocably waives any claim that any such suit, action, or proceeding brought in any such court has been brought in any inconvenient forum. Any action or proceeding by Borrower against Agent or Lenders shall be brought only in a court located in Dallas County, Texas.

Appears in 1 contract

Samples: Revolving Credit Agreement (United Dental Care Inc /De/)

CHOICE OF FORUM; CONSENT TO SERVICE OF PROCESS AND JURISDICTION. Any suit, action, action or proceeding against Borrower with respect to this Agreement, Agreement or the Note, or other Loan Documents, Debenture or any judgment entered by any court in respect thereof, may be brought in the courts of the State of Texas, County of Dallas, or in the United States federal courts located in the State of Texas Texas, as the Agent Lender or Agent, in its sole discretion discretion, may elect elect, and Borrower hereby irrevocably submits to the nonexclusive jurisdiction of such courts for the purpose of any such suit, action, action or proceeding. Borrower hereby irrevocably consents to the agrees that service of all writs, process and summonses in any such suit, action, or proceeding in said court by the mailing thereof by the Agent by registered or certified mail, postage prepaid, to Borrower’s address shown opposite its name on the signature pages hereof. Nothing herein or in any of the other Loan Documents shall affect the right of the Agent or any Lender to serve process in any other manner permitted by law or shall limit the right of the Agent or any Lender to bring any action or proceeding against brought in the State of Texas may be brought upon, and Borrower or with respect hereby irrevocably appoints, CT Corporation System, Dallas, Texas, as its true and lawful attorney-in-fact in the name, place and stead of Borrower to accept such service of any of its property in courts in other jurisdictionand all such writs, process and summonses. Borrower hereby irrevocably waives any objections which it may now or hereafter have to the laying of venue of any suit, action, action or proceeding arising out of or relating to this Agreement, the Note, Agreement or any other Loan Documents Debenture brought in the courts located in the State of Texas, County of Dallassuch courts, and hereby further irrevocably waives any claim that any such suit, action, action or proceeding brought in any such court has been brought in any inconvenient forum.

Appears in 1 contract

Samples: Convertible Loan Agreement (Obsidian Enterprises Inc)

CHOICE OF FORUM; CONSENT TO SERVICE OF PROCESS AND JURISDICTION. (a) Any suit, action, action or proceeding against the Borrower with respect to this Loan Agreement, the Note, or other Loan Documents, Debentures or any judgment entered by any court in respect thereof, may be brought in the courts of the State of Texas, County of Dallas, or in the United States courts located in the State of Texas as the Agent Lender in its sole discretion may elect and Borrower hereby irrevocably submits to the nonexclusive non-exclusive jurisdiction of such courts for the purpose of any such suit, action, action or proceeding. Borrower hereby agrees that service of all writs, process and summonses in any such suit, action or proceeding brought in the State of Texas may be brought upon, and Borrower hereby irrevocably consents appoints, the CT Corporation, Dallas, Texas, as its true and lawful attorney-in-fact in the name, place and stead of Borrower to accept such service of any and all such writs, process and summonses, and agrees that the failure of attorney-in-fact to give any notice of such service of process in any suit, action, to it shall not impair or proceeding in said court by the mailing thereof by the Agent by registered or certified mail, postage prepaid, to Borrower’s address shown opposite its name on the signature pages hereof. Nothing herein or in any of the other Loan Documents shall affect the right validity of the Agent such service or of any Lender to serve process in any other manner permitted by law or shall limit the right of the Agent or any Lender to bring any action or proceeding against Borrower or with respect to any of its property in courts in other jurisdictionjudgment based thereon. Borrower hereby irrevocably waives any objections which it may now or hereafter have to the laying of venue of any suit, action, action or proceeding arising out of or relating to this Agreement, the Note, Loan Agreement or any other Loan Documents Debenture brought in the courts located in the State of Texas, County of Dallas, and hereby further irrevocably waives any claim that any such suit, action, action or proceeding brought in any such court has been brought in any inconvenient forum.

Appears in 1 contract

Samples: Convertible Debenture Loan Agreement (Packaging Research Corp)

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