Common use of Consent to Jurisdiction; Waiver of Immunities Clause in Contracts

Consent to Jurisdiction; Waiver of Immunities. (a) Guarantor hereby irrevocably submits to the jurisdiction of any New York or federal court sitting in New York in any action or proceeding arising out of or relating to this Guaranty, and the Guarantor hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in such New York or federal court. The Guarantor hereby irrevocably waives, to the fullest extent they may effectively do so, the defense of an inconvenient forum to the maintenance of such action or proceeding. The Guarantor hereby irrevocably appoints Xxxx X. Xxxx (the "Process Agent"), with an office on the date hereof at Hondo Oil & Gas Company, 00000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, XX 00000, telephone (000) 000-0000, telecopier (000) 000-0000, as its agent to receive, on behalf of the Guarantor and its property, service of copies of the summons and complaint and any other process that may be served in any such action or proceeding. Such service may be made by mailing or delivering a copy of such process to the Guarantor in care of the Process Agent at the Process Agent's address above, and the Guarantor hereby irrevocably authorizes and directs the Process Agent to accept such service on its behalf. As an alternative method of service, Guarantor also irrevocably consents to the service of any and all process in any such action or proceeding by the mailing of copies of such process to Guarantor at its address specified in Section 11. Guarantor agrees that a final judgment in

Appears in 1 contract

Samples: Revolving Credit Agreement (Lonrho Inc)

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Consent to Jurisdiction; Waiver of Immunities. (a) Guarantor Each of the parties hereto hereby irrevocably submits to the exclusive jurisdiction of any New York state or U.S. federal court sitting in the Borough of Manhattan, the City of New York with respect to actions brought against it as a defendant in respect of any suit, action or proceeding or arbitral award arising out of or relating to this GuarantyIndenture, and the Guarantor Notes or the Guarantees or any transaction contemplated hereby irrevocably agrees that all claims in respect or thereby (a “Proceeding”). Each of such action or proceeding may be heard and determined in such New York or federal court. The Guarantor hereby the parties hereto irrevocably waives, to the fullest extent they it may effectively do so, so under applicable law and any objection which it may now or hereafter have to the defense laying of the venue of any such Proceeding brought in any such court and any claim that any such Proceeding brought in any such court has been brought in an inconvenient forum to the maintenance forum. Each of such action or proceeding. The Guarantor hereby Grupo Aval Limited and Grupo Aval irrevocably appoints Xxxx X. Xxxx Banco de Bogotá S.A., New York Agency (the "Process Agent"), with an office on the date hereof at Hondo Oil & Gas Company, 00000 Xxxxxxxx 000 Xxxx Xxxxxx, Xxxxx 000, Xxxxxxx, XX 00000, telephone (000) 000-0000, telecopier (000) 000-0000Xxx Xxxx, Xxx Xxxx 00000, as its authorized agent to receive, receive on behalf of the Guarantor it and its property, property service of copies of the summons and complaint and any other process that which may be served in any Proceeding. If for any reason such action Person shall cease to be such agent for service of process, Grupo Aval Limited or proceeding. Such Grupo Aval, as the case may be, shall forthwith appoint a new agent of recognized standing for service may be made by mailing or delivering of process in the Borough of Manhattan, the City of New York and deliver to the Trustee a copy of such process to the Guarantor in care new agent’s acceptance of that appointment within 30 days. Nothing herein shall affect the right of the Process Trustee, the Registrar, any Paying Agent, any Transfer Agent at the Process Agent's address above, and the Guarantor hereby irrevocably authorizes and directs the Process Agent or any other agent appointed hereunder or any Holder to accept such service on its behalf. As an alternative method of service, Guarantor also irrevocably consents to the service of any and all serve process in any such action other manner permitted by law or proceeding by to commence legal proceedings or otherwise proceed against Grupo Aval Limited or Grupo Aval, as the mailing case may be, in any other court of copies of such process to Guarantor at its address specified in Section 11. Guarantor agrees that a final judgment incompetent jurisdiction.

Appears in 1 contract

Samples: Indenture (Grupo Aval Acciones Y Valores S.A.)

Consent to Jurisdiction; Waiver of Immunities. (a) The Borrower and the Guarantor hereby irrevocably submits to the non-exclusive jurisdiction of any New York State or federal Federal court sitting in New York City in any action or proceeding arising out of or relating to this GuarantyAgreement or the Notes, and the Borrower and the Guarantor hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in any such New York State or federal Federal court. The Borrower and the Guarantor hereby irrevocably waives, to the fullest extent they it may effectively do so, the defense of an inconvenient forum to the maintenance of such action or proceedingproceeding and the right to a jury trial. The Borrower and the Guarantor hereby irrevocably appoints Xxxx X. Xxxx CT CORPORATION SYSTEM (the "Process Agent"), with an office on the date hereof at Hondo Oil & Gas Company111 Eighth Avenue, 00000 New York, N.Y. 10011, United States of America, xx xxxxx xxxxx xx xxxxxxx xx xxxxxx xx xxx Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, XX 00000, telephone (000) 000-0000, telecopier (000) 000-0000, as its agent to receive, on behalf of xnd the Guarantor and its property, property service of copies of the summons and complaint and any other process that which may be served in any such action or proceeding. Such service may be made by mailing or delivering a copy of such process to the Borrower and the Guarantor in care of the Process Agent at the Process Agent's address aboveabove address, and the Borrower and the Guarantor hereby irrevocably authorizes and directs the Process Agent to accept such service on its behalf. As an alternative method of service, Guarantor also irrevocably consents to the service of any and all process in any such action or proceeding by the mailing of copies of such process to Guarantor at its address specified in Section 11. Guarantor agrees that a final judgment inAgent

Appears in 1 contract

Samples: Credit Agreement (Panamerican Beverages Inc)

Consent to Jurisdiction; Waiver of Immunities. (a) The Guarantor hereby irrevocably submits to the jurisdiction of any New York State or federal Federal court sitting in New York City in any action or proceeding arising out of or relating to this Guaranty, and the Guarantor hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in such New York State or federal Federal court. The Guarantor hereby irrevocably waives, to the fullest extent they may effectively do so, the defense of an inconvenient forum to the maintenance of such action or proceeding. The Guarantor hereby irrevocably appoints Xxxx X. Xxxx Mark S. Keegan (the "Process AgentProxxxx Xxxxx"), with an office on the date hereof at Hondo Oil & Gas CompanySuite 750, 00000 Xxxxxxxx 15 South Main Xxxxxx, Xxxxxxxxxx, Xxxxx 000, Xxxxxxx, XX Xxxxxxxx 00000, telephone (000) 000-0000, telecopier (000) 000-0000, as its agent to receive, xx xxx xxxxx xx xxxxxxe on behalf of the Guarantor and its property, property service of copies of the summons and complaint and any other process that which may be served in any such action or proceeding. Such service may be made by mailing (by certified or registered mail, postage prepaid and return receipt requested) or delivering a copy of such process to the Guarantor in care of the Process Agent at the Process Agent's address aboveabove address, and the Guarantor hereby irrevocably authorizes and directs the Process Agent to accept such service on its behalf. As an alternative method of service, the Guarantor also irrevocably consents to the service of any and all process in any such action or proceeding by the mailing of copies of such process to the Guarantor at its address specified in Section 118 hereof. The Guarantor agrees that a final judgment inin any such action 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.

Appears in 1 contract

Samples: Pledge Agreement (Emergent Group Inc)

Consent to Jurisdiction; Waiver of Immunities. (a) Guarantor The Grantor hereby irrevocably submits and unconditionally submits, for itself and its property, to the jurisdiction of any New York Oregon state or federal court sitting in New York Portland, Oregon and any appellate court from any thereof in any action or proceeding arising out of or relating to this GuarantyAgreement, and the Guarantor Grantor hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in such New York Oregon State court or in such federal court. The Guarantor Grantor hereby irrevocably waives, to the fullest extent they it may effectively do so, the defense of an inconvenient forum to the maintenance of such action or proceeding. The Guarantor Grantor hereby irrevocably appoints Xxxx X. Xxxx Lawco of Oregon, Inc. (the "Process Agent"), with an office on the date hereof at Hondo Oil & Gas Company0000 X.X. Fifth Avenue, 00000 Xxxxxxxx XxxxxxSuite 1500, Xxxxx 000Xxxxxxxx, Xxxxxxx, XX Xxxxxx 00000, telephone (000) 000-0000, telecopier (000) 000-0000Xxxxxx Xxxxxx, as its agent to receive, receive on behalf of the Guarantor Grantor and its property, property service of copies of the summons and complaint and any other process that which may be served in any such action or proceeding. Such service may be made by mailing or delivering a copy of such process to the Guarantor Grantor in care of the Process Agent at the Process Agent's address aboveabove address, and the Guarantor Grantor hereby irrevocably authorizes and directs the Process Agent to accept such service on its behalf. As an alternative method of service, Guarantor the Grantor also irrevocably consents to the service of any and all process in any such action or proceeding by the mailing of copies of such process to Guarantor the Grantor at its address specified in Section 1112. Guarantor The Grantor agrees that a final judgment inin any such action 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.

Appears in 1 contract

Samples: Entire Agreement (Summit Design Inc)

Consent to Jurisdiction; Waiver of Immunities. (a) Guarantor Each party hereby irrevocably submits to the nonexclusive jurisdiction of any New York state or federal court sitting in the City of New York York, borough of Manhattan, U.S.A., in any action or proceeding brought to enforce or otherwise arising out of or relating to this Guaranty, and the Guarantor hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in such New York or federal courtAgreement. The Guarantor hereby irrevocably waives, to the fullest extent they may effectively do so, the defense of an inconvenient forum to the maintenance of such action or proceeding. The Guarantor hereby Seller irrevocably appoints Xxxx X. Xxxx (the "Process Agent")CT Corporation System, with an office on the date hereof at Hondo Oil & Gas Company, 00000 Xxxxxxxx 000 Xxxxxx Xxxxxx, Xxxxx 000, XxxxxxxXxx Xxxx, XX 00000, telephone (000) 000-0000, telecopier (000) 000-0000U.S.A., as its agent for service of process to receive, receive on behalf of the Guarantor Seller and its property, property service of copies of the summons and complaint and any other process that which may be served in any such action or proceeding. Such service may be made by mailing or delivering a copy of such process to the Guarantor Seller in care of the Process Agent such process agent, at the Process Agent's address of such process agent stated above, and the Guarantor Seller hereby irrevocably authorizes and directs the Process Agent such process agent to accept such service on its behalf. As an alternative method of service, Guarantor Each party also irrevocably consents to the service of any and all process in any such action or proceeding by the mailing of copies of such process to Guarantor such party by registered or certified mail at its address specified in accordance with Section 1114 hereof. Guarantor Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. In addition, each party hereby irrevocably waives to the fullest extent permitted by law any objection which it may now or hereafter have to the laying of venue in any such action or proceeding in any state or federal court sitting in the City of New York, borough of Manhattan, U.S.A., and hereby further irrevocably waives any claim that any such forum is an inconvenient forum. Each party agrees that a final judgment inin any such action or proceeding that is no longer subject to appeal shall be conclusive and may be enforced in any other jurisdiction by suit on the judgment or in any other manner provided by law. Nothing in this section shall impair the right of any party to bring any action or proceeding against the other or its property in the courts of any other jurisdiction, and each party irrevocably submits to the nonexclusive jurisdiction of the appropriate courts of the jurisdiction sitting in any place where the property or an office of such party is located. To the extent that any party or any of its property has or may hereafter acquire any immunity from jurisdiction of any court or from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution, or otherwise) under the laws of any jurisdiction, such party hereby irrevocably waives such immunity in respect of its obligations under this Agreement and agrees that it shall be subject to civil and commercial law with respect to such obligations.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Nara Bancorp Inc)

Consent to Jurisdiction; Waiver of Immunities. (a) Guarantor The Borrower hereby irrevocably submits to the jurisdiction of any New York federal or federal Texas state or court sitting in New York Houston, Texas in any action or proceeding arising out of or relating to this Guarantyany Loan Document, and the Guarantor Borrower hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in such New York or federal courtany of the above courts. The Guarantor Borrower hereby irrevocably waives, to the fullest extent they it may effectively do so, the defense of an inconvenient forum to the maintenance of such action or proceeding. The Guarantor Borrower hereby irrevocably appoints Xxxx X. Xxxx CT Corporation or its affiliates or alternative registered agent approved by Lender (the "Process Agent"), with an office on the date hereof at Hondo Oil & Gas Company, 00000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, XX 00000, telephone (000) 000-0000, telecopier (000) 000-0000, as its agent to receive, receive on behalf of the Guarantor Borrower and its property, Property service of copies of the summons and complaint and any other process that which may be served in any such action or proceeding. Such service may be made by mailing or delivering a copy of such process to the Guarantor Borrower in care of the Process Agent at the Process Agent's address above’s above address, and the Guarantor Borrower hereby irrevocably authorizes and directs the Process Agent to accept receive such service on its behalf. As an alternative method of service, Guarantor the Borrower also irrevocably consents to the service of any and all process in any such action or proceeding by the mailing of copies of such process to Guarantor the Borrower at its notice address specified in Section 11set forth herein. The Guarantor agrees that a final judgment inin any such action 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.

Appears in 1 contract

Samples: Slwi Loan Facility Agreement (Stephen L. Way International LLC)

Consent to Jurisdiction; Waiver of Immunities. (a) Guarantor The Borrower hereby irrevocably submits and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction of any New York State court or federal court of the United States of America sitting in New York in City, and any appellate court from any thereof, over any action or proceeding arising out of or relating related to this GuarantyNote, the Proposal Letter, the Guaranty or for recognition or enforcement of any judgment, and the Guarantor Borrower hereby irrevocably and, unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in such New York or State court or, to the extent permitted by law, in such federal court. The Guarantor hereby irrevocably waives, to the fullest extent they may effectively do so, the defense of an inconvenient forum to the maintenance of such action or proceeding. The Guarantor Borrower hereby irrevocably appoints Xxxx X. Xxxx CT Corporation System (the "Process Agent"), with an office on the date hereof at Hondo Oil & Gas Company, 00000 Xxxxxxxx 000 Xxxxxx Xxxxxx, Xxxxx 000, XxxxxxxXxx Xxxx, XX 00000, telephone (000) 000-0000, telecopier (000) 000-0000U.S.A., as its agent to receive, receive on behalf of the Guarantor Borrower and its property, service of copies of the summons and complaint and any other process that which may be served in any such action or proceeding. Such service may be made by mailing or delivering a copy of such process to the Guarantor Borrower in care of the Process Agent at the Process Agent's address above’s above address, and the Guarantor Borrower hereby irrevocably authorizes and directs the Process Agent to accept such service on its behalf. As an alternative method of service, Guarantor the Borrower also irrevocably consents to the service of any and all process in any such action or proceeding by the mailing of copies of such process to Guarantor the Borrower at its address specified as set forth in Section 1113 above. Guarantor The Borrower agrees that a final judgment inin any such action 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.

Appears in 1 contract

Samples: Pricesmart Inc

Consent to Jurisdiction; Waiver of Immunities. (a) The Guarantor hereby irrevocably submits to the jurisdiction of any New York State or federal court sitting in New York City in any action or proceeding arising out of or relating to this Guaranty, and the Guarantor hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in such New York State or federal court. The Guarantor hereby irrevocably waives, to the fullest extent they may effectively do so, the defense of an inconvenient forum to the maintenance of such action or proceeding. The Guarantor hereby irrevocably appoints Xxxx X. Xxxx ____________ (the "Process Agent"), with an office on the date hereof at Hondo Oil & Gas Company, 00000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, XX 00000, telephone (000) 000-0000, telecopier (000) 000-0000_________________________, as its agent to receive, receive on behalf of the Guarantor and its property, property service of copies of the summons and complaint and any other process that which may be served in any such action or proceeding. Such service may be made by mailing (by certified or registered mail, postage prepaid and return receipt requested) or delivering a copy of such process to the Guarantor in care of the Process Agent at the Process Agent's address aboveabove address, and the Guarantor hereby irrevocably authorizes and directs the Process Agent to accept such service on its behalf. As an alternative method of service, the Guarantor also irrevocably consents to the service of any and all process in any such action or proceeding by the mailing of copies of such process to the Guarantor at its address specified in Section 118 hereof. The Guarantor agrees that a final judgment inin any such action 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.

Appears in 1 contract

Samples: Financing Agreement (Norton McNaughton Inc)

Consent to Jurisdiction; Waiver of Immunities. (a) The Guarantor hereby irrevocably submits to the jurisdiction of any New York State or federal Federal court sitting in New York City, Borough of Manhattan and any appellate court from any thereof in any action or proceeding arising out of or relating to this Guaranty, and the Guarantor hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in such New York State court or federal in such Federal court. The Guarantor hereby irrevocably waives, to the fullest extent they it may effectively do so, the defense of an inconvenient forum to the maintenance of such action or proceeding. The Guarantor hereby irrevocably appoints Xxxx X. Xxxx (the appoints__________________(the "Process AgentPROCESS AGENT"), with an office on the date hereof at Hondo Oil & Gas Company__________________, 00000 Xxxxxxxx XxxxxxNew York, Xxxxx 000New York 100_________, Xxxxxxx, XX 00000, telephone (000) 000-0000, telecopier (000) 000-0000United States, as its agent to receive, receive on behalf of the Guarantor and its property, property service of copies of the summons and .and complaint and any other process that which may be served in any such action or proceeding. Such service may be made by mailing or delivering a copy of such process to the Guarantor in care of the Process Agent at the Process Agent's address aboveabove address, and the Guarantor hereby irrevocably authorizes and directs the Process Agent to accept such service on its behalf. As an alternative method of service, the Guarantor also irrevocably consents to the service of any and all process in any such action or proceeding by the mailing of copies of such process to the Guarantor at its address specified in Section 111.07. The Guarantor agrees that a final judgment inin any such action 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.

Appears in 1 contract

Samples: Engine Maintenance Agreement (Tam S.A.)

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Consent to Jurisdiction; Waiver of Immunities. (a) Each Guarantor hereby irrevocably submits to the non-exclusive in personam jurisdiction of any New York State or federal Federal court of competent jurisdiction sitting in New York City in any action or proceeding arising out of or relating to this GuarantyGuarantee, and the each Guarantor hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and or determined in such New York State or federal Federal court. The Each Guarantor hereby irrevocably waives, to the fullest extent they it may effectively do so, the defense of an inconvenient forum to the maintenance of such action or proceeding. The Guarantor hereby irrevocably appoints Xxxx X. Xxxx (the "Process Agent")Guarantors may, with the prior written consent of the Collateral Agent, appoint any other Person maintaining an office on in New York City as a process agent, and upon the date hereof at Hondo Oil & Gas Company, 00000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, XX 00000, telephone (000) 000-0000, telecopier (000) 000-0000, as its agent to receive, on behalf acceptance of the Guarantor and its propertyappointment as process agent, service such process agent shall thereupon become process agent hereunder. Service of copies of the summons and complaint and any other process that may be served in any such action or proceeding. Such service proceeding may be made by mailing (by certified mail) or delivering a copy of such process to each of the Guarantor Guarantors in care of the Process Agent Borrower, at the Process AgentBorrower's address aboveabove address, and the each Guarantor hereby irrevocably authorizes and directs the Process Agent Borrower to accept such service on its behalf. As an alternative method of service, each Guarantor also irrevocably consents to the service of any and all process in any such action or proceeding by the mailing (by certified mail) of copies of such process to Guarantor the Guarantors at its address their addresses specified in Section 114.2. Each Guarantor agrees that a final judgment inin any such action or proceeding shall be conclusive and may be enforced in accordance with applicable law in other jurisdictions by suit on the judgment or in any other manner provided by law.

Appears in 1 contract

Samples: Credit and Reimbursement Agreement (Commonwealth Edison Co)

Consent to Jurisdiction; Waiver of Immunities. (a) Guarantor The Borrower hereby irrevocably submits and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction of any New York State court or federal court of the United States of America sitting in New York in York, New York, U.S.A., and any appellate court from any thereof, over any action or proceeding arising out of or relating related to this GuarantyNote or for recognition or enforcement of any judgment, and the Guarantor Borrower hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in such New York or State court or, to the extent permitted by law, in such federal court. The Guarantor hereby irrevocably waives, to the fullest extent they may effectively do so, the defense of an inconvenient forum to the maintenance of such action or proceeding. The Guarantor Borrower hereby irrevocably appoints Xxxx X. Xxxx CT Corporation System (the "Process Agent"Agent"-), . with an office on the date hereof at Hondo Oil & Gas Company, 00000 Xxxxxxxx 000 Xxxxxx Xxxxxx, Xxxxx 000, XxxxxxxXxx Xxxx, XX 00000, telephone (000) 000-0000, telecopier (000) 000-0000U.S.A., as its agent to receive, receive on behalf of the Guarantor Borrower and its property, service of copies of the summons and complaint and any other process that which may be served in any such action or proceeding. Such service may be made by mailing or delivering a copy of such process to the Guarantor Borrower in care of the Process Agent at the Process Agent's address above’s above address, and the Guarantor Borrower hereby irrevocably authorizes and directs the Process Agent to accept such service on its behalf. As an alternative method of service, Guarantor the Borrower also irrevocably consents to the service of any and all process in any such action or proceeding by the mailing of copies of such process to Guarantor the Borrower at its address specified in Section 11as set forth below. Guarantor The Borrower agrees that a final judgment inin any such action or proceeding shall he conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

Appears in 1 contract

Samples: Promissory Note Amendment Agreement (Pricesmart Inc)

Consent to Jurisdiction; Waiver of Immunities. (a) The Guarantor hereby irrevocably submits to the jurisdiction of any New York State or federal Federal court sitting in New York City, Borough of Manhattan and any appellate court from any thereof in any action or proceeding arising out of or relating to this Guaranty, and the Guarantor hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in such New York State court or federal in such Federal court. The Guarantor hereby irrevocably waives, to the fullest extent they it may effectively do so, the defense of an inconvenient forum to the maintenance of such action or proceeding. The Guarantor hereby irrevocably appoints Xxxx X. Xxxx (the appoints___________________(the "Process AgentPROCESS AGENT"), with an office on the date hereof at Hondo Oil & Gas Company_______________, 00000 Xxxxxxxx XxxxxxNew York, Xxxxx 000New York 100______________, Xxxxxxx, XX 00000, telephone (000) 000-0000, telecopier (000) 000-0000United States, as its agent to receive, receive on behalf of the Guarantor and its property, property service of copies of the summons and complaint and any other process that which may be served in any such action or proceeding. Such service may be made by mailing or delivering a copy of such process to the Guarantor in care of the Process Agent at the Process Agent's address aboveabove address, and the Guarantor hereby irrevocably authorizes and directs the Process Agent to accept such service on its behalf. As an alternative method of service, the Guarantor also irrevocably consents to the service of any and all process in any such action or proceeding by the mailing of copies of such process to the Guarantor at its address specified in Section 111.07. The Guarantor agrees that a final judgment inin any such action 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.

Appears in 1 contract

Samples: Engine Maintenance Agreement (Tam S.A.)

Consent to Jurisdiction; Waiver of Immunities. (a) Guarantor Each of the parties hereto hereby irrevocably submits to the non-exclusive jurisdiction of any New York state or U.S. federal court sitting in the Borough of Manhattan in the city of New York with respect to actions brought against it as a defendant in respect of any suit, action or proceeding or arbitral award arising out of or relating to this GuarantyIndenture and the Notes or any transaction contemplated hereby or thereby (a “Proceeding”), and the Guarantor hereby irrevocably agrees that all claims accepts for itself and in respect of such action or proceeding may be heard its property, generally and determined in such New York or federal courtunconditionally, the jurisdiction of the aforesaid courts. The Guarantor hereby Each of the parties hereto irrevocably waives, to the fullest extent they it may effectively do soso under applicable law, trial by jury and any objection which it may now or hereafter have to the defense laying of the venue of any such Proceeding brought in any such court and any claim that any such Proceeding brought in any such court has been brought in an inconvenient forum to the maintenance of such action or proceedingforum. The Guarantor hereby Company irrevocably appoints Xxxx X. BM&F USA Inc. 00 Xxxxxxxx, 00xx Xxxxx, Xxxxx 0000, Xxx Xxxx, Xxx Xxxx (the "Process Agent"), with an office on the date hereof at Hondo Oil & Gas Company, 00000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, XX 00000, telephone (000) 000-0000, telecopier (000) 000-0000, as its authorized agent to receive, receive on behalf of the Guarantor it and its property, property service of copies of the summons and complaint and any other process that which may be served in any Proceeding. If for any reason such action or proceeding. Such Person shall cease to be such agent for service may be made by mailing or delivering of process, the Company shall forthwith appoint a new agent of recognized standing for service of process in the State of New York and deliver to the Trustee a copy of such process to the Guarantor in care new agent’s acceptance of that appointment within 30 days. Nothing herein shall affect the right of the Process Trustee, the Paying Agent at the Process Agent's address above, and the Guarantor hereby irrevocably authorizes and directs the Process Agent or any Holder to accept such service on its behalf. As an alternative method of service, Guarantor also irrevocably consents to the service of any and all serve process in any such action other manner permitted by law or proceeding by to commence legal proceedings or otherwise proceed against the mailing Company in any other court of copies of such process to Guarantor at its address specified in Section 11. Guarantor agrees that a final judgment incompetent jurisdiction.

Appears in 1 contract

Samples: Indenture (BM&FBOVESPA S.A. - Securities, Commodities & Futures Exchange)

Consent to Jurisdiction; Waiver of Immunities. (a) The Guarantor hereby irrevocably submits to the jurisdiction of any New York State or federal court sitting in New York City in any action or proceeding arising out of or relating to this Guaranty, and the Guarantor hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in such New York State or federal court. The Guarantor hereby irrevocably waives, to the fullest extent they may effectively do so, the defense of an inconvenient forum to the maintenance of such action or proceeding. The Guarantor hereby irrevocably appoints Xxxx X. Xxxx ____________ (the "Process Agent"), with an office on the date hereof at Hondo Oil & Gas Company, 00000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, XX 00000, telephone (000) 000-0000, telecopier (000) 000-0000________________________, as its agent to receive, receive on behalf of the Guarantor and its property, property service of copies of the summons and complaint and any other process that which may be served in any such action or proceeding. Such service may be made by mailing (by certified or registered mail, postage prepaid and return receipt requested) or delivering a copy of such process to the Guarantor in care of the Process Agent at the Process Agent's address aboveabove address, and the Guarantor hereby irrevocably authorizes and directs the Process Agent to accept such service on its behalf. As an alternative method of service, the Guarantor also irrevocably consents to the service of any and all process in any such action or proceeding by the mailing of copies of such process to the Guarantor at its address specified in Section 118 hereof. The Guarantor agrees that a final judgment inin any such action 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.

Appears in 1 contract

Samples: Financing Agreement (Norton McNaughton Inc)

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