Consent To Jurisdiction; Agreement As To Venue. The GUARANTOR irrevocably consents to the non-exclusive jurisdiction of the courts of the State of Maryland and of the United States District Court for the District of Maryland, if a basis for federal jurisdiction exists. The GUARANTOR agrees that venue shall be proper in any circuit court of the State of Maryland selected by the LENDER or in the United States District Court for the District of Maryland if a basis for federal jurisdiction exists and waives any right to object to the maintenance of a suit in any of the state or federal courts of the State of Maryland on the basis of improper venue or of inconvenience of forum.
Consent To Jurisdiction; Agreement As To Venue. The Borrower irrevocably consents to the non-exclusive jurisdiction of any state or federal court (if a basis for federal jurisdiction exists) located in the Governing State. The Borrower agrees that venue shall be proper in any state or federal court located in the Governing State and waives any right to object to the maintenance of a suit in any of the state or federal courts of the Governing State on the basis of improper venue or of inconvenience of forum.
Consent To Jurisdiction; Agreement As To Venue. The Borrower irrevocably consents to the non-exclusive jurisdiction of the state or federal courts of the State of Illinois or the State of New York.
Consent To Jurisdiction; Agreement As To Venue. The Guarantor irrevocably consents to the non-exclusive jurisdiction of the federal and state courts located in the State of Colorado. The Guarantor agrees that venue shall be proper in any such courts.
Consent To Jurisdiction; Agreement As To Venue. The GUARANTOR irrevocably consents to the non-exclusive jurisdiction of the courts of the State of Maryland and the State of New York and of the United States District Court for the District of Maryland and for the Southern District of New York, if a basis for federal jurisdiction exists. The GUARANTOR agrees that venue shall be proper in any circuit court of the State of Maryland or the State of New York selected by the LENDER or in the United States District Court for the District of Maryland or for the Southern District of New York if a basis for federal jurisdiction exists and waives any right to object to the maintenance of a suit in any of the state or federal courts of the State of Maryland or the State of New York on the basis of improper venue or of inconvenience of forum.
Consent To Jurisdiction; Agreement As To Venue. The Guarantor irrevocably consents to the non-exclusive jurisdiction of the federal and state courts located in the State of New York. The Guarantor agrees that venue shall be proper in any such courts. The Guarantor hereby consents to process being served in any suit, action, or proceeding instituted in connection with this Guaranty by the mailing of a copy thereof by certified mail, postage prepaid, return receipt requested, to the Guarantor. The Guarantor irrevocably agrees that such service shall be deemed to be service of process upon the Guarantor in any such suit, action, or proceeding. Nothing in this Section shall affect the right of GE Capital to serve process in any manner otherwise permitted by law and nothing in this Section will limit the right of GE Capital otherwise to bring proceedings against the Guarantor in the courts of any jurisdiction or jurisdictions.
Consent To Jurisdiction; Agreement As To Venue. The Borrower irrevocably consents to the non-exclusive jurisdiction of the courts of the Governing State and of any United States District Court located in the Governing State, if a basis for federal jurisdiction exists. The Borrower agrees that venue shall be proper in any state court selected by the “Required Lenders” (as such term is defined in he Agreement) and in any United States District Court located in the Governing State, if a basis for federal jurisdiction exists, and waives any right to object to the maintenance of a suit in any of the state or federal courts of the Governing State on the basis of improper venue or of inconvenience of forum.
Consent To Jurisdiction; Agreement As To Venue. Each party irrevocably consents to the exclusive jurisdiction of the federal and state courts located in New York County, New York. Any action brought by any party hereto which is based, directly or indirectly, on this Agreement or any other Loan Document or any matter in or related to this Agreement or any other Loan Document, including but not limited to the making of the Loans or the administration or collection thereof shall be brought only in the said courts. Each party waives any right to object to the maintenance of a suit in said court on the basis of improper venue or of inconvenience of forum. The Borrower acknowledges and agrees that the choice of forum contained in this Section shall not be deemed to preclude the enforcement of any judgment obtained hereunder or under any other Loan Document in any forum or the taking of any action under the Loan Documents to enforce the same in the appropriate jurisdiction.
Consent To Jurisdiction; Agreement As To Venue. The Borrower irrevocably agrees that all disputes arising out of, in connection with, related to, or incidental to this Note, and whether arising out of, in connection with, related to, or incidental to this Note, and whether arising in contract, tort, equity or otherwise, shall be resolved only be state or federal courts located in Mecklenburg County, North Carolina, but the parties acknowledged that any appeals from those courts may have to be heard by a court located outside of Mecklenburg County, North Carolina. The Borrower hereby waives in all disputes any objection that you may have to the location of the court considering the dispute. The parties agree that, at the option of Lender, any controversy, claim, or dispute involving the interpretation or breach of this Note shall first be subject to binding arbitration in accordance with the rules provided in the Uniform Arbitration Act as enacted in North Carolina General Statutes Article 45C. The parties shall use good faith efforts to agree upon the arbitrator; however, if they cannot agree then Lender shall select the arbitrator. The venue for any such arbitration shall be Raleigh, North Carolina or another location in North Carolina selected by Lender. Judgment upon the award rendered by the arbitrator or arbitrators may be entered in any Acceptable Forum and in any court having jurisdiction over the parties. In the event Borrower refuses or fails to participate in the arbitration process, Xxxxxx shall have the right to compel arbitration in accordance with N.C.G.S. 1-569.7 and Borrower shall bear all expenses in connection therewith. Nothing in this arbitration provision shall be deemed to (i) limit the applicability of any otherwise applicable statutes of limitation or repose and any waivers contained in this instrument, agreement or document; or (ii) be a waiver by Lender of the protection afforded to it by 12 U.S.C. sec. 91 or any substantially equivalent state law; or (iii) limit the right of Lender hereto (a) to exercise self-help remedies such as (but not limited to) setoff, or (b) to foreclose against any real or personal property collateral, or (c) to obtain from a court provisional or ancillary remedies such as (but not limited to) injunctive relief, writ of possession or the appointment of a receiver. Lender may exercise such self-help rights, foreclose upon such property, or obtain such provisional or ancillary remedies before, during or after the pendency of any arbitration proceeding b...
Consent To Jurisdiction; Agreement As To Venue. As set forth in Section 9.12 of the Agreement, the Borrower (by execution of this Revolving Credit Note) and the Lender (by acceptance of this Revolving Credit Note) each hereby irrevocably and unconditionally consents to the nonexclusive jurisdiction of any state or federal court located in the Governing State for any action or proceeding arising out of or relating to this Revolving Credit Note, and the Borrower and the Lender each hereby agrees that a final judgment in any such action, litigation or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Law. As set forth in Section 9.13 of the Agreement, the Borrower (by execution of this Revolving Credit Note) and the Lender (by acceptance of this Revolving Credit Note) each hereby irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Revolving Credit Note in any court of the Governing State referred to above, and each hereby irrevocably waives, to the fullest extent permitted by applicable Law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.
