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 ANY BORROWER WITH RESPECT TO THIS AGREEMENT OR ANY JUDGMENT ENTERED BY ANY COURT IN RESPECT HEREOF, MAY BE BROUGHT IN THE COURTS OF THE STATE OF TEXAS, COUNTY OF XXXXXX, OR IN THE UNITED STATES COURTS LOCATED IN THE STATE OF TEXAS AS 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 LENDER BY REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID, TO BORROWER’S ADDRESS SHOWN IN THE LOAN AGREEMENT. NOTHING HEREIN SHALL AFFECT THE RIGHT OF LENDER TO BRING ANY ACTION OR PROCEEDING AGAINST BORROWER OR WITH RESPECT TO ANY OF ITS PROPERTY IN COURTS IN OTHER JURISDICTIONS. 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 BROUGHT IN THE COURTS LOCATED IN THE STATE OF TEXAS, COUNTY OF XXXXXX, 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 ANY BORROWER AGAINST LENDER SHALL BE BROUGHT ONLY IN A COURT LOCATED IN XXXXXX COUNTY, TEXAS.

CHOICE OF FORUM; CONSENT TO SERVICE OF PROCESS AND JURISDICTION. ANY SUIT, ACTION OR PROCEEDING AGAINST ANY THE BORROWER WITH RESPECT TO THIS AGREEMENT AGREEMENT, THE NOTES OR THE OTHER LOAN DOCUMENTS OR ANY JUDGMENT ENTERED BY ANY A COURT IN RESPECT HEREOFTHEREOF, MAY BE BROUGHT IN THE COURTS OF THE STATE OF TEXASNEW YORK LOCATED IN NEW YORK COUNTY, COUNTY OF XXXXXXNEW YORK, OR IN THE UNITED STATES COURTS LOCATED IN NEW YORK COUNTY, NEW YORK AS THE STATE OF TEXAS AS LENDER BANKS AND THE ADMINISTRATIVE AGENT IN ITS SOLE THEIR DISCRETION MAY ELECT AND THE BORROWER HEREBY IRREVOCABLY SUBMITS TO THE NONEXCLUSIVE NON-EXCLUSIVE JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF ANY SUCH SUIT, ACTION, ACTION OR PROCEEDING. THE BORROWER HEREBY AGREES THAT SERVICE OF ALL WRITS, PROCESS AND SUMMONSES IN ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN THE STATE OF NEW YORK MAY BE BROUGHT UPON THE PROCESS AGENT, AND THE BORROWER HEREBY IRREVOCABLY APPOINTS THE PROCESS AGENT AS ITS TRUE AND LAWFUL ATTORNEY-IN-FACT IN THE NAME, PLACE AND STEAD OF THE BORROWER TO ACCEPT SUCH SERVICE OF ANY AND ALL SUCH WRITS, PROCESS AND SUMMONSES. THE BORROWER HEREBY IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS IN ANY SUIT, ACTION, ACTION OR PROCEEDING IN SAID COURT BY THE MAILING THEREOF BY LENDER THE ADMINISTRATIVE AGENT OR ANY BANK BY REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID, TO THE BORROWER’S ADDRESS SHOWN SET FORTH IN SECTION 14.4 HEREOF. THE LOAN AGREEMENT. NOTHING HEREIN SHALL AFFECT THE RIGHT OF LENDER TO BRING ANY ACTION OR PROCEEDING AGAINST BORROWER OR WITH RESPECT TO ANY OF ITS PROPERTY IN COURTS IN OTHER JURISDICTIONS. 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 LOAN DOCUMENTS BROUGHT IN THE COURTS LOCATED IN THE STATE OF TEXASNEW YORK COUNTY, COUNTY OF XXXXXXNEW YORK, AND HEREBY FURTHER IRREVOCABLY WAIVES ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN ANY AN INCONVENIENT FORUM. ANY ACTION OR PROCEEDING BY ANY BORROWER AGAINST LENDER SHALL BE BROUGHT ONLY IN A COURT LOCATED IN XXXXXX COUNTY, TEXAS.

CHOICE OF FORUM; CONSENT TO SERVICE OF PROCESS AND JURISDICTION. ANY SUIT, ACTION OR PROCEEDING AGAINST ANY BORROWER LOAN PARTY WITH RESPECT TO THIS AGREEMENT AGREEMENT, THE NOTES OR THE OTHER LOAN DOCUMENTS OR ANY JUDGMENT ENTERED BY ANY A COURT IN RESPECT HEREOFTHEREOF, MAY BE BROUGHT IN THE COURTS OF THE STATE OF TEXASMINNESOTA LOCATED IN HENNEPIN OR XXXXXX COUNTY, COUNTY OF XXXXXXMINNESOTA, OR IN THE UNITED STATES COURTS LOCATED IN HENNEPIN OR XXXXXX COUNTY, MINNESOTA AS THE STATE OF TEXAS AS LENDER BANKS AND THE ADMINISTRATIVE AGENT IN ITS SOLE THEIR DISCRETION MAY ELECT AND BORROWER EACH SUCH LOAN PARTY HEREBY IRREVOCABLY SUBMITS TO THE NONEXCLUSIVE NON-EXCLUSIVE JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF ANY SUCH SUIT, ACTION, ACTION OR PROCEEDING. EACH LOAN PARTY HEREBY AGREES THAT SERVICE OF ALL WRITS, PROCESS AND SUMMONSES IN ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN THE STATE OF MINNESOTA MAY BE BROUGHT UPON THE PROCESS AGENT, AND EACH SUCH LOAN PARTY HEREBY IRREVOCABLY APPOINTS THE PROCESS AGENT AS ITS TRUE AND LAWFUL ATTORNEY-IN-FACT IN THE NAME, PLACE AND STEAD OF THE BORROWER TO ACCEPT SUCH SERVICE OF ANY AND ALL SUCH WRITS, PROCESS AND SUMMONSES. EACH LOAN PARTY HEREBY IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS IN ANY SUIT, ACTION, ACTION OR PROCEEDING IN SAID COURT BY THE MAILING THEREOF BY LENDER THE ADMINISTRATIVE AGENT OR ANY BANK BY REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID, TO THE BORROWER’S 'S ADDRESS SHOWN SET FORTH IN THE SECTION 14.4 HEREOF. EACH LOAN AGREEMENT. NOTHING HEREIN SHALL AFFECT THE RIGHT OF LENDER TO BRING ANY ACTION OR PROCEEDING AGAINST BORROWER OR WITH RESPECT TO ANY OF ITS PROPERTY IN COURTS IN OTHER JURISDICTIONS. BORROWER PARTY 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 LOAN DOCUMENTS BROUGHT IN THE COURTS LOCATED IN THE STATE OF TEXASHENNEPIN OR XXXXXX COUNTY, COUNTY OF XXXXXXMINNESOTA, AND HEREBY FURTHER IRREVOCABLY WAIVES ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN ANY AN INCONVENIENT FORUM. ANY ACTION OR PROCEEDING BY ANY BORROWER AGAINST LENDER SHALL BE BROUGHT ONLY IN A COURT LOCATED IN XXXXXX COUNTY, TEXAS.

CHOICE OF FORUM; CONSENT TO SERVICE OF PROCESS AND JURISDICTION. ANY SUIT, ACTION OR PROCEEDING AGAINST ANY BORROWER LOAN PARTY WITH RESPECT TO THIS AGREEMENT AGREEMENT, THE NOTES OR THE OTHER LOAN DOCUMENTS OR ANY JUDGMENT ENTERED BY ANY A COURT IN RESPECT HEREOFTHEREOF, MAY BE BROUGHT IN THE COURTS OF THE STATE OF TEXASNEW YORK LOCATED IN NEW YORK COUNTY, COUNTY OF XXXXXXNEW YORK, OR IN THE UNITED STATES COURTS LOCATED IN NEW YORK COUNTY, NEW YORK AS THE STATE OF TEXAS AS LENDER BANKS AND THE ADMINISTRATIVE AGENT IN ITS SOLE THEIR DISCRETION MAY ELECT AND BORROWER EACH SUCH LOAN PARTY HEREBY IRREVOCABLY SUBMITS TO THE NONEXCLUSIVE NON-EXCLUSIVE JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF ANY SUCH SUIT, ACTION, ACTION OR PROCEEDING. EACH LOAN PARTY HEREBY AGREES THAT SERVICE OF ALL WRITS, PROCESS AND SUMMONSES IN ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN THE STATE OF NEW YORK MAY BE BROUGHT UPON THE PROCESS AGENT, AND EACH SUCH LOAN PARTY HEREBY IRREVOCABLY APPOINTS THE PROCESS AGENT AS ITS TRUE AND LAWFUL ATTORNEY-IN-FACT IN THE NAME, PLACE AND STEAD OF THE BORROWER TO ACCEPT SUCH SERVICE OF ANY AND ALL SUCH WRITS, PROCESS AND SUMMONSES. EACH LOAN PARTY HEREBY IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS IN ANY SUIT, ACTION, ACTION OR PROCEEDING IN SAID COURT BY THE MAILING THEREOF BY LENDER THE ADMINISTRATIVE AGENT OR ANY BANK BY REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID, TO THE BORROWER’S ADDRESS SHOWN SET FORTH IN THE SECTION 14.4 HEREOF. EACH LOAN AGREEMENT. NOTHING HEREIN SHALL AFFECT THE RIGHT OF LENDER TO BRING ANY ACTION OR PROCEEDING AGAINST BORROWER OR WITH RESPECT TO ANY OF ITS PROPERTY IN COURTS IN OTHER JURISDICTIONS. BORROWER PARTY 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 LOAN DOCUMENTS BROUGHT IN THE COURTS LOCATED IN THE STATE OF TEXASNEW YORK COUNTY, COUNTY OF XXXXXXNEW YORK, AND HEREBY FURTHER IRREVOCABLY WAIVES ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN ANY AN INCONVENIENT FORUM. ANY ACTION OR PROCEEDING BY ANY BORROWER AGAINST LENDER SHALL BE BROUGHT ONLY IN A COURT LOCATED IN XXXXXX COUNTY, TEXAS.