Common use of Consent to Jurisdiction and Service Clause in Contracts

Consent to Jurisdiction and Service. Each of the Canadian Guarantor and the other Guarantors organized under Canadian law hereby irrevocably and unconditionally: (1) submits itself and its property in any legal action or proceeding relating to this Indenture, the Notes and, as applicable, its Notes Guarantee for recognition and enforcement of any judgment in respect thereof, to the general jurisdiction of the courts of the State of New York, sitting in the Borough of Manhattan, The City of New York, the courts of the United States of America for the Southern District of New York, appellate courts from any thereof and courts of its own corporate domicile, with respect to actions brought against it as defendant; (2) consents that any such action or proceeding may be brought in such courts and waive any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (3) designates and appoints the Issuer as its authorized agent upon which process may be served in any action, suit or proceeding arising out of or relating to this Indenture, the Notes and, as applicable, its Note Guarantee that may be instituted in any federal or state court in the State of New York (and the Issuer hereby accepts such appointments); and (4) agrees that service of any process, summons, notice or document by U.S. registered mail addressed to the Issuer, with written notice of said service to such Person at the address of the Issuer set forth in this Indenture shall be effective service of process for any action, suit or proceeding brought in any such court.

Appears in 2 contracts

Samples: Indenture (Taylor Morrison Home Corp), Indenture (Taylor Morrison Home Corp)

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Consent to Jurisdiction and Service. Each of the Canadian Guarantor and the other Guarantors organized under Canadian law hereby irrevocably and unconditionally: (1) submits itself and its property in The Issuer agrees that any legal suit, action or proceeding relating to against the Issuer brought by any Holder or the Trustee arising out of or based upon this IndentureSupplemental Indenture No. 2, the Indenture or the Notes and, as applicable, its Notes Guarantee for recognition and enforcement of may be instituted in any judgment in respect thereof, to the general jurisdiction of the courts of the State of New York, sitting state or Federal court in the Borough of Manhattan, The City of New York, and any appellate court from any thereof, and each of them irrevocably submits to the non-exclusive jurisdiction of such courts in any suit, action or proceeding. The Issuer irrevocably waives, to the fullest extent permitted by law, any objection to any suit, action, or proceeding that may be brought in connection with this Supplemental Indenture No. 2, the Indenture or the Notes, including such actions, suits or proceedings relating to securities laws of the United States of America for or any state thereof, in such courts whether on the Southern District grounds of New Yorkvenue, appellate courts from any thereof and courts of its own corporate domicile, with respect to actions brought against it as defendant; (2) consents residence or domicile or on the ground that any such suit, action or proceeding may be brought in such courts and waive any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was has been brought in an inconvenient court and forum. The Issuer agrees not to plead or claim the same; (3) designates and appoints the Issuer as its authorized agent upon which process may be served that final judgment in any actionsuch suit, suit or proceeding arising out of or relating to this Indenture, the Notes and, as applicable, its Note Guarantee that may be instituted in any federal or state court in the State of New York (and the Issuer hereby accepts such appointments); and (4) agrees that service of any process, summons, notice or document by U.S. registered mail addressed to the Issuer, with written notice of said service to such Person at the address of the Issuer set forth in this Indenture shall be effective service of process for any action, suit action or proceeding brought in such court shall be conclusive and binding upon the Issuer and may be enforced in any court to the jurisdiction of which the Issuer is subject by a suit upon such courtjudgment; provided, that service of process is effected upon the Issuer in the manner provided by the Indenture.

Appears in 2 contracts

Samples: Supplemental Indenture (BMB Munai Inc), Supplemental Indenture (BMB Munai Inc)

Consent to Jurisdiction and Service. Each of the Canadian Guarantor and the other Guarantors organized under Canadian law hereby irrevocably and unconditionally: (1) submits itself and its property in In relation to any legal action or proceeding relating to proceedings arising out of or in connection with this Indenture, the Notes andSecurities and the Guarantees, as applicablethe Trustee (in the case of clauses (a) and (b) below only), its Notes Guarantee for recognition the Issuer and enforcement of any judgment in respect thereof, each Guarantor that is organized under laws other than the United States or a state thereof (a) irrevocably submit to the general jurisdiction of the federal and state courts in the Borough of Manhattan in the City, County and State of New York, sitting in the Borough of ManhattanUnited States, The City of New York, the courts of the United States of America for the Southern District of New York, appellate courts from any thereof and courts of its own corporate domicile, with respect to actions brought against it as defendant; (2b) consents consent that any such action or proceeding may be brought in such courts and waive any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees agree not to plead or claim the same; , (3c) designates designate and appoints the Issuer appoint Constellium US Holdings I, LLC, 000 Xxxx Xxxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxxxx, XX 00000 as its authorized agent upon which process may be served in any action, suit such action or proceeding arising out of or relating to this Indenture, the Notes and, as applicable, its Note Guarantee that may be instituted in any federal or state such court in the State of New York (and the Issuer hereby accepts such appointments); and (4d) agrees agree that service of any process, summons, notice or document by U.S. registered mail addressed to the Issuersuch agent for service of process, with written notice of said service to such Person at the address of the Issuer agent for service of process set forth in clause (c) of this Indenture Section 11.11 shall be effective service of process for any action, suit such action or proceeding brought in any such court. Each of the Issuer, the Guarantors, the Trustee, paying agent, Registrar, and Transfer Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Indenture, the Securities or the transactions contemplated hereby.

Appears in 2 contracts

Samples: Supplemental Indenture (Constellium Se), Supplemental Indenture (Constellium Se)

Consent to Jurisdiction and Service. Each of BP I, BP II, the Canadian Guarantor Issuers and the other Senior Note Guarantors organized under Canadian law hereby irrevocably and unconditionally: (1a) submits submit itself and its property in any legal action or proceeding relating to this IndentureSenior Notes Indenture to which it is a party, the Notes and, as applicable, its Notes Guarantee or for recognition and enforcement of any judgment in respect thereof, to the general jurisdiction of the courts of the State of New York, sitting in the Borough of Manhattan, The City of New York, the courts of the United States of America for the Southern District of New York, appellate courts from any thereof and courts of its own corporate domicile, with respect to actions brought against it as defendant; (2b) consents consent that any such action or proceeding may be brought in such courts and waive any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (3c) designates designate and appoints the Issuer appoint Xxxxxxxx Group Holdings Inc., with offices at 0000 Xxxx Xxxxx Xxxxx, Xxxx Xxxxxx, XX 00000 (or its successors), as its authorized agent agents upon which process may be served in any action, suit or proceeding arising out of or relating to this Indenture, Senior Notes Indenture or the Notes and, as applicable, its Note Guarantee transactions contemplated hereby that may be instituted in any federal Federal or state court in the State of New York (and the Issuer hereby each of them accepts such appointments); and (4d) agrees agree that service of any process, summons, notice or document by U.S. US registered mail addressed to the IssuerUS Issuer II, with written notice of said service to such Person at the address of the US Issuer II set forth in this Senior Notes Indenture shall be effective service of process for any action, suit or proceeding brought in any such court.

Appears in 1 contract

Samples: Stock Purchase Agreement (Reynolds Group Holdings LTD)

Consent to Jurisdiction and Service. Each of BP I, BP II, the Canadian Guarantor Issuers and the other Senior Note Guarantors organized under Canadian law hereby will irrevocably and unconditionally: (1a) submits submit itself and its property in any legal action or proceeding relating to this IndentureSenior Notes Indenture to which it is a party, the Notes and, as applicable, its Notes Guarantee or for recognition and enforcement of any judgment in respect thereof, to the general jurisdiction of the courts of the State of New York, sitting in the Borough of Manhattan, The City of New York, the courts of the United States of America for the Southern District of New York, appellate courts from any thereof and courts of its own corporate domicile, with respect to actions brought against it as defendant; (2b) consents consent that any such action or proceeding may be brought in such courts and waive any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (3c) designates designate and appoints appoint the US Issuer II, at 000 Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxxx, XX 00000, as its authorized agent upon which process may be served in any action, suit or proceeding arising out of or relating to this Indenture, the Senior Notes and, as applicable, its Note Guarantee Indenture that may be instituted in any federal Federal or state court in the State of New York (and the Issuer hereby accepts such appointments)York; and (4d) agrees agree that service of any process, summons, notice or document by U.S. US registered mail addressed to the IssuerUS Issuer II, with written notice of said service to such Person at the address of the US Issuer II set forth in this Senior Notes Indenture shall be effective service of process for any action, suit or proceeding brought in any such court.. 133

Appears in 1 contract

Samples: Stock Purchase Agreement (RenPac Holdings Inc.)

Consent to Jurisdiction and Service. Each of BP I, BP II, the Canadian Guarantor Issuers and the other Senior Note Guarantors organized under Canadian law hereby irrevocably and unconditionally: (1a) submits submit itself and its property in any legal action or proceeding relating to this IndentureSenior Notes Indenture to which it is a party, the Notes and, as applicable, its Notes Guarantee or for recognition and enforcement of any judgment in respect thereof, to the general jurisdiction of the courts of the State of New York, sitting in the Borough of Manhattan, The City of New York, the courts of the United States of America for the Southern District of New York, appellate courts from any thereof and courts of its own corporate domicile, with respect to actions brought against it as defendant; (2b) consents consent that any such action or proceeding may be brought in such courts and waive any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (3c) designates designate and appoints appoint the US Issuer II, at 160 Greenxxxx Xxxxx, Xxxxx 000, Xxxxx, XX 00000 xxx Xxxxolds Xxxxx Xxldings Inc., with offices at 200 Tri-Sxxxx Xxxxxxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxxxxxxx, Xxxxxxxx 00000 (xx xxx successors), as its authorized agent upon which process may be served in any action, suit or proceeding arising out of or relating to this Indenture, Senior Notes Indenture or the Notes and, as applicable, its Note Guarantee transactions contemplated hereby that may be instituted in any federal Federal or state court in the State of New York (and the Issuer hereby each of them accepts such appointments); and (4d) agrees agree that service of any process, summons, notice or document by U.S. US registered mail addressed to the IssuerUS Issuer II, with written notice of said service to such Person at the address of the US Issuer II set forth in this Senior Notes Indenture shall be effective service of process for any action, suit or proceeding brought in any such court.

Appears in 1 contract

Samples: Senior Notes Indenture (RenPac Holdings Inc.)

Consent to Jurisdiction and Service. Each of The Company, and each Guarantor has appointed C T Corporation System, 00 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 as its agent (the Canadian Guarantor and the other Guarantors organized under Canadian law hereby irrevocably and unconditionally: (1“Authorized Agent”) submits itself and its property upon whom process may be served in any legal action actions arising out of, based on, or proceeding relating to the Notes, this Indenture, Indenture or the Notes and, as applicable, its Notes Guarantee for recognition and enforcement of transactions contemplated hereby or brought under U.S. Federal or state securities laws brought in any judgment in respect thereof, to the general jurisdiction of the courts of the State of New York, sitting U.S. Federal or state court located in the Borough of Manhattan, Manhattan in The City of New York, and expressly consent, together with all other parties to this Indenture, to the courts jurisdiction of any such court in respect of any such action, and waive any other requirements of or objections to personal jurisdiction with respect thereto. Such appointment shall be irrevocable. The Company and each Guarantor represents and warrants that the Authorized Agent has agreed to act as such agent for service of process and agrees to take any and all action, including the filing of any and all documents and instruments, that may be necessary to continue such appointment in full force and effect as aforesaid. Service of process upon the Authorized Agent and written notice of such service to the Company and each of the United States Guarantors shall be deemed, in every respect, effective service of America for process upon the Southern District Company and each of New York, appellate courts from any thereof and courts of its own corporate domicile, with respect to actions brought against it as defendant; the Guarantors. Each party hereto irrevocably (2i) consents agrees that any such legal suit, action or proceeding arising out of, based on, or relating to the Notes, this Indenture or the transactions contemplated hereby may be brought instituted in such courts any U.S. Federal or state court in the Borough of Manhattan in The City of New York and waive (ii) waives, to the fullest extent they may effectively do so, any objection that which it may have now or hereafter have to the laying of venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (3) designates and appoints the Issuer as its authorized agent upon which process may be served in any action, suit or proceeding arising out of or relating to this Indenture, the Notes and, as applicable, its Note Guarantee that may be instituted in any federal or state court in the State of New York (and the Issuer hereby accepts such appointments); and (4) agrees that service of any process, summons, notice or document by U.S. registered mail addressed to the Issuer, with written notice of said service to such Person at the address of the Issuer set forth in this Indenture shall be effective service of process for any action, suit or proceeding brought in any such courtproceeding.

Appears in 1 contract

Samples: Indenture (Maxcom Telecommunications Inc)

Consent to Jurisdiction and Service. Each of The Company has appointed C T Corporation System, 00 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 as its agent (the Canadian Guarantor and the other Guarantors organized under Canadian law hereby irrevocably and unconditionally: (1“Authorized Agent”) submits itself and its property upon whom process may be served in any legal action actions arising out of, based on, or proceeding relating to the Notes, this Indenture, Indenture or the Notes and, as applicable, its Notes Guarantee for recognition and enforcement of transactions contemplated hereby or brought under U.S. Federal or state securities laws brought in any judgment in respect thereof, to the general jurisdiction of the courts of the State of New York, sitting U.S. Federal or state court located in the Borough of Manhattan, Manhattan in The City of New York, and expressly consent, together with all other parties to this Indenture, to the courts jurisdiction of the United States any such court in respect of America for the Southern District any such action, and waive any other requirements of New York, appellate courts from any thereof and courts of its own corporate domicile, or objections to personal jurisdiction with respect thereto. Such appointment shall be irrevocable. The Company represents and warrants that the Authorized Agent has agreed to actions brought against it act as defendant; such agent for service of process and agrees to take any and all action, including the filing of any and all documents and instruments, that may be necessary to continue such appointment in full force and effect as aforesaid. Service of process upon the Authorized Agent and written notice of such service to the Company shall be deemed, in every respect, effective service of process upon the Company. Each party hereto irrevocably (2i) consents agrees that any such legal suit, action or proceeding arising out of, based on, or relating to the Notes, this Indenture or the transactions contemplated hereby may be brought instituted in such courts any U.S. Federal or state court in the Borough of Manhattan in The City of New York and waive (ii) waives, to the fullest extent they may effectively do so, any objection that which it may have now or hereafter have to the laying of venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (3) designates and appoints the Issuer as its authorized agent upon which process may be served in any action, suit or proceeding arising out of or relating to this Indenture, the Notes and, as applicable, its Note Guarantee that may be instituted in any federal or state court in the State of New York (and the Issuer hereby accepts such appointments); and (4) agrees that service of any process, summons, notice or document by U.S. registered mail addressed to the Issuer, with written notice of said service to such Person at the address of the Issuer set forth in this Indenture shall be effective service of process for any action, suit or proceeding brought in any such courtproceeding.

Appears in 1 contract

Samples: Indenture (Maxcom Telecommunications Inc)

Consent to Jurisdiction and Service. Each of the Canadian Guarantor parties ----------------------------------- hereto hereby absolutely and the other Guarantors organized under Canadian law hereby irrevocably consents and unconditionally: (1) submits itself and its property in any legal action or proceeding relating to this Indenture, the Notes and, as applicable, its Notes Guarantee for recognition and enforcement of any judgment in respect thereof, to the general jurisdiction of the courts of the State of New York, sitting in the Borough of Manhattan, The City of New York, the courts York and of the United States of America federal court for the Southern District of New York, appellate courts from York in connection with any thereof and courts of its own corporate domicile, with respect to actions or proceedings brought against it as defendant; (2) consents arising out of or relating to this Agreement or any of the agreements or transactions contemplated hereby and hereby irrevocably agrees that all claims in respect of any such action or proceeding may be brought heard and determined in any such courts and waive any objection that it may now or hereafter have to the venue of court. In any such action or proceeding proceedings, each such party hereby absolutely and irrevocably waives personal service of any summons, complaint, declaration, or other process and hereby absolutely and irrevocably agrees that the service thereof may be made, in addition to other methods permitted by law, by certified, registered or recorded first-class mail directed to it at its address in accordance with Section 11.04 hereof. Each party hereto hereby waives and agrees not to assert in any such court action or proceeding, in each case, to the fullest extent permitted by applicable law, any claim that (a) it is not personally subject to the jurisdiction of any such court, (b) it is immune from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to it or its property, (c) any such suit, action or proceeding was is brought in an inconvenient court and agrees not to plead or claim forum, (d) the same; (3) designates and appoints the Issuer as its authorized agent upon which process may be served in any actionvenue of such suit, suit action or proceeding arising out of is improper, or relating to (e) that this Indenture, the Notes and, as applicable, its Note Guarantee that Agreement may not be instituted enforced in any federal or state court in the State of New York (and the Issuer hereby accepts such appointments); and (4) agrees that service of any process, summons, notice or document by U.S. registered mail addressed to the Issuer, with written notice of said service to such Person at the address of the Issuer set forth in this Indenture shall be effective service of process for any action, suit or proceeding brought in any such court.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Atherton Capital Inc)

Consent to Jurisdiction and Service. Each of BP I, BP II, the Canadian Guarantor Issuers and the other Senior Secured Note Guarantors organized under Canadian law hereby will irrevocably and unconditionally: (1a) submits submit itself and its property in any legal action or proceeding relating to this IndentureSenior Secured Notes Indenture to which it is a party, the Notes and, as applicable, its Notes Guarantee or for recognition and enforcement of any judgment in respect thereof, to the general jurisdiction of the courts of the State of New York, sitting in the Borough of Manhattan, The City of New York, the courts of the United States of America for the Southern District of New York, appellate courts from any thereof and courts of its own corporate domicile, with respect to actions brought against it as defendant; (2b) consents consent that any such action or proceeding may be brought in such courts and waive any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (3c) designates designate and appoints appoint the US Issuer II, at 000 Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxxx, XX 00000, as its authorized agent upon which process may be served in any action, suit or proceeding arising out of or relating to this Indenture, the Senior Secured Notes and, as applicable, its Note Guarantee Indenture that may be instituted in any federal Federal or state court in the State of New York (and the Issuer hereby accepts such appointments)York; and (4d) agrees agree that service of any process, summons, notice or document by U.S. US registered mail addressed to the IssuerUS Issuer II, with written notice of said service to such Person at the address of the US Issuer II set forth in this Senior Secured Notes Indenture shall be effective service of process for any action, suit or proceeding brought in any such court.

Appears in 1 contract

Samples: Stock Purchase Agreement (RenPac Holdings Inc.)

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Consent to Jurisdiction and Service. Each of the Canadian Guarantor and the other Guarantors organized under Canadian law hereby irrevocably and unconditionally: (1) submits itself and its property in In relation to any legal action or proceeding relating to proceedings arising out of or in connection with this Indenture, the Notes andand the Guarantees, as applicablethe Trustee and the Collateral Trustee (in the case of clauses (a) and (b) below only), its Notes Guarantee for recognition the Issuers and enforcement of any judgment in respect thereof, each Guarantor that is organized under laws other than the United States or a state thereof (a) irrevocably submits to the general jurisdiction of the federal and state courts in the Borough of Manhattan in the City, County and State of New York, sitting in the Borough of ManhattanUnited States, The City of New York, the courts of the United States of America for the Southern District of New York, appellate courts from any thereof and courts of its own corporate domicile, with respect to actions brought against it as defendant; (2b) consents that any such action or proceeding may be brought in such courts and waive waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees agree not to plead or claim the same; , (3c) designates and appoints the Issuer Toys “R” Us, Inc., Xxx Xxxxxxxx Xxx, Wayne, NJ 07470 as its authorized agent upon which process may be served in any action, suit such action or proceeding arising out of or relating to this Indenture, the Notes and, as applicable, its Note Guarantee that may be instituted in any federal or state such court in the State of New York (and the Issuer hereby accepts such appointments); and (4d) agrees that service of any process, summons, notice or document by U.S. registered mail addressed to the Issuersuch agent for service of process, with written notice of said service to such Person at the address of the Issuer agent for service of process set forth in clause (c) of this Indenture Section 14.17 shall be effective service of process for any action, suit such action or proceeding brought in any such court. Each of the Issuers, the Guarantors, the Trustee, the Collateral Trustee, Paying Agent, Registrar, and Transfer Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Indenture, the Notes or the transactions contemplated hereby.

Appears in 1 contract

Samples: Indenture (Toys R Us Inc)

Consent to Jurisdiction and Service. Each of BP I, BP II, the Canadian Guarantor Issuers and the other Senior Secured Note Guarantors organized under Canadian law hereby irrevocably and unconditionally: (1a) submits submit itself and its property in any legal action or proceeding relating to this IndentureSenior Secured Notes Indenture to which it is a party, the Notes and, as applicable, its Notes Guarantee or for recognition and enforcement of any judgment in respect thereof, to the general jurisdiction of the courts of the State of New York, sitting in the Borough of Manhattan, The City of New York, the courts of the United States of America for the Southern District of New York, appellate courts from any thereof and courts of its own corporate domicile, with respect to actions brought against it as defendant; (2b) consents consent that any such action or proceeding may be brought in such courts and waive any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (3c) designates designate and appoints the Issuer appoint Xxxxxxxx Group Holdings Inc., with offices at 0000 Xxxx Xxxxx Xxxxx, Xxxx Xxxxxx, XX 00000 (or its successors), as its authorized agent agents upon which process may be served in any action, suit or proceeding arising out of or relating to this Indenture, Senior Secured Notes Indenture or the Notes and, as applicable, its Note Guarantee transactions contemplated hereby that may be instituted in any federal Federal or state court in the State of New York (and the Issuer hereby each of them accepts such appointments); and (4d) agrees agree that service of any process, summons, notice or document by U.S. US registered mail addressed to the IssuerUS Issuer II, with written notice of said service to such Person at the address of the US Issuer II set forth in this Senior Secured Notes Indenture shall be effective service of process for any action, suit or proceeding brought in any such court.

Appears in 1 contract

Samples: Stock Purchase Agreement (Reynolds Group Holdings LTD)

Consent to Jurisdiction and Service. Each of the Canadian Guarantor and the other Guarantors organized under Canadian law hereby irrevocably and unconditionally: (1) submits itself and its property in In relation to any legal action or proceeding relating to proceedings arising out of or in connection with this Indenture, the Notes andSecurities and the Guarantees, as applicablethe Trustee (in the case of clauses (a) and (b) below only), its Notes Guarantee for recognition the Issuer and enforcement of any judgment in respect thereof, each Guarantor that is organized under laws other than the United States or a state thereof (a) irrevocably submits to the general jurisdiction of the federal and state courts in the Borough of Manhattan in the City, County and State of New York, sitting in the Borough of ManhattanUnited States, The City of New York, the courts of the United States of America for the Southern District of New York, appellate courts from any thereof and courts of its own corporate domicile, with respect to actions brought against it as defendant; (2b) consents that any such action or proceeding may be brought in such courts and waive waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees agree not to plead or claim the same; , (3c) designates and appoints the Issuer Constellium U.S. Holdings I, LLC, 000 Xxxxx Xxxxxx, 0xx xxxxx, Xxx Xxxx, XX 00000 as its authorized agent upon which process may be served in any action, suit such action or proceeding arising out of or relating to this Indenture, the Notes and, as applicable, its Note Guarantee that may be instituted in any federal or state such court in the State of New York (and the Issuer hereby accepts such appointments); and (4d) agrees that service of any process, summons, notice or document by U.S. registered mail addressed to the Issuersuch agent for service of process, with written notice of said service to such Person at the address of the Issuer agent for service of process set forth in clause (c) of this Indenture Section 11.11 shall be effective service of process for any action, suit such action or proceeding brought in any such court. Each of the Issuer, the Guarantors, the Trustee, paying agent, Registrar, and Transfer Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Indenture, the Securities or the transactions contemplated hereby.

Appears in 1 contract

Samples: Indenture (Constellium N.V.)

Consent to Jurisdiction and Service. Each of BP I, BP II, the Canadian Guarantor Issuers and the other Senior Secured Note Guarantors organized under Canadian law hereby irrevocably and unconditionally: (1a) submits submit itself and its property in any legal action or proceeding relating to this IndentureSenior Secured Notes Indenture to which it is a party, the Notes and, as applicable, its Notes Guarantee or for recognition and enforcement of any judgment in respect thereof, to the general jurisdiction of the courts of the State of New York, sitting in the Borough of Manhattan, The City of New York, the courts of the United States of America for the Southern District of New York, appellate courts from any thereof and courts of its own corporate domicile, with respect to actions brought against it as defendant; (2b) consents consent that any such action or proceeding may be brought in such courts and waive any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (3c) designates designate and appoints appoint the US Issuer II, at 000 Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxxx, XX 00000 and Xxxxxxxx Group Holdings Inc., with offices at 000 Xxx-Xxxxx Xxxxxxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxxxxxxx, Xxxxxxxx 00000 (or its successors), as its authorized agent agents upon which process may be served in any action, suit or proceeding arising out of or relating to this Indenture, Senior Secured Notes Indenture or the Notes and, as applicable, its Note Guarantee transactions contemplated hereby that may be instituted in any federal Federal or state court in the State of New York (and the Issuer hereby each of them accepts such appointments); and (4d) agrees agree that service of any process, summons, notice or document by U.S. US registered mail addressed to the IssuerUS Issuer II, with written notice of said service to such Person at the address of the US Issuer II set forth in this Senior Secured Notes Indenture shall be effective service of process for any action, suit or proceeding brought in any such court.

Appears in 1 contract

Samples: Secured Notes Indenture (Beverage Packaging Holdings (Luxembourg) v S.A.)

Consent to Jurisdiction and Service. Each of the Canadian Guarantor and the other Guarantors organized under Canadian law hereby irrevocably and unconditionally: (1) submits itself and its property in In relation to any legal action or proceeding relating to proceedings arising out of or in connection with this Indenture, the Notes andSecurities and the Guarantees, as applicablethe Trustee (in the case of clauses (a) and (b) below only), its Notes Guarantee for recognition the Issuer and enforcement of any judgment in respect thereof, each Guarantor that is organized under laws other than the United States or a state thereof (a) 109 irrevocably submits to the general jurisdiction of the federal and state courts in the Borough of Manhattan in the City, County and State of New York, sitting in the Borough of ManhattanUnited States, The City of New York, the courts of the United States of America for the Southern District of New York, appellate courts from any thereof and courts of its own corporate domicile, with respect to actions brought against it as defendant; (2b) consents that any such action or proceeding may be brought in such courts and waive waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees agree not to plead or claim the same; , (3c) designates and appoints the Issuer Constellium U.S. Holdings I, LLC, 000 Xxxxx Xxxxxx, 0xx xxxxx, Xxx Xxxx, XX 00000 as its authorized agent upon which process may be served in any action, suit such action or proceeding arising out of or relating to this Indenture, the Notes and, as applicable, its Note Guarantee that may be instituted in any federal or state such court in the State of New York (and the Issuer hereby accepts such appointments); and (4d) agrees that service of any process, summons, notice or document by U.S. registered mail addressed to the Issuersuch agent for service of process, with written notice of said service to such Person at the address of the Issuer agent for service of process set forth in clause (c) of this Indenture Section 11.11 shall be effective service of process for any action, suit such action or proceeding brought in any such court. Each of the Issuer, the Guarantors, the Trustee, paying agent, Registrar, and Transfer Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Indenture, the Securities or the transactions contemplated hereby.

Appears in 1 contract

Samples: Indenture (Constellium N.V.)

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