Common use of GOVERNING LAW; CONSENT TO FORUM Clause in Contracts

GOVERNING LAW; CONSENT TO FORUM. This Agreement shall be governed by the laws of the State of Kansas without giving effect to any choice of law rules thereof. As part of the consideration for new value this day received, the Borrower consents to the jurisdiction of any state court located in Xxxxxxx County, Kansas or any federal court located in Wyandotte County, Kansas (collectively, the "Chosen Forum"), and waives personal service of any and all process upon it and consents that all such service of process be made by certified or registered mail directed to the Borrower at the address stated in Section 8.1 hereof and service so made shall be deemed to be completed upon delivery thereto. The Borrower waives any objection to jurisdiction and venue of any action instituted against it as provided herein and agrees not to assert any defense based on lack of jurisdiction or venue. The Borrower further agrees not to assert against the Bank (except by way of a defense or counterclaim in a proceeding initiated by the Bank) any claim or other assertion of liability relating to any of the Credit Documents, the Borrower's obligations under the Credit Documents or the Bank's actions or inactions in respect of any of the foregoing in any jurisdiction other than the Chosen Forum. Nothing in this Agreement shall affect the Bank's right to bring any action or proceeding relating to this Agreement or the other Credit Documents against the Borrower or its properties in courts of other jurisdictions.

Appears in 3 contracts

Samples: Credit Agreement (Tortoise Energy Capital Corp), Credit Agreement (Tortoise Energy Capital Corp), Credit Agreement (Tortoise North American Energy Corp)

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GOVERNING LAW; CONSENT TO FORUM. This Agreement shall be governed by the laws of the State of Kansas without giving effect to any choice of law rules thereof. As part of the consideration for new value this day received, the Borrower consents to the jurisdiction of any state court located in Xxxxxxx Jxxxxxx County, Kansas or any federal court located in Wyandotte County, Kansas (collectively, the "Chosen Forum"), and waives personal service of any and all process upon it and consents that all such service of process be made by certified or registered mail directed to the Borrower at the address stated in pursuant to Section 8.1 9.1 hereof and service so made shall be deemed to be completed upon delivery thereto. The Borrower waives any objection to jurisdiction and venue of any action instituted against it as provided herein and agrees not to assert any defense based on lack of jurisdiction or venue. The Borrower further agrees not to assert against the Bank Agent or the Banks (except by way of a defense or counterclaim in a proceeding initiated by the Agent or any Bank) any claim or other assertion of liability relating to any of the Credit Documents, the Borrower's ’s obligations under the Credit Documents or the Agent’s or any Bank's ’s actions or inactions in respect of any of the foregoing in any jurisdiction other than the Chosen Forum. Nothing in this Agreement shall affect the Agent’s or any Bank's ’s right to bring any action or proceeding relating to this Agreement or the other Credit Documents against the Borrower or its properties in courts of other jurisdictions.

Appears in 3 contracts

Samples: Credit Agreement (Tortoise North American Energy Corp), Credit Agreement (Tortoise Energy Infrastructure Corp), Credit Agreement (Tortoise Energy Capital Corp)

GOVERNING LAW; CONSENT TO FORUM. This Agreement shall be governed by the laws of the State of Kansas without giving effect to any choice of law rules thereof. As part of the consideration for new value this day received, the Borrower consents to the jurisdiction of any state court located in Xxxxxxx County, Kansas or any federal court located in Wyandotte County, Kansas (collectively, the "Chosen Forum"), and waives personal service of any and all process upon it and consents that all such service of process be made by certified or registered mail directed to the Borrower at the address stated in pursuant to Section 8.1 9.1 hereof and service so made shall be deemed to be completed upon delivery thereto. The Borrower waives any objection to jurisdiction and venue of any action instituted against it as provided herein and agrees not to assert any defense based on lack of jurisdiction or venue. The Borrower further agrees not to assert against the Bank Agent or the Banks (except by way of a defense or counterclaim in a proceeding initiated by the Agent or any Bank) any claim or other assertion of liability relating to any of the Credit Documents, the Borrower's ’s obligations under the Credit Documents or the Agent’s or any Bank's ’s actions or inactions in respect of any of the foregoing in any jurisdiction other than the Chosen Forum. Nothing in this Agreement shall affect the Agent’s or any Bank's ’s right to bring any action or proceeding relating to this Agreement or the other Credit Documents against the Borrower or its properties in courts of other jurisdictions.

Appears in 2 contracts

Samples: Credit Agreement (Tortoise Energy Infrastructure Corp), Credit Agreement (Tortoise Power & Energy Infrastructure Fund Inc)

GOVERNING LAW; CONSENT TO FORUM. This Agreement shall be governed by the laws of the State of Kansas without giving effect to any choice of law rules thereof. As part of the consideration for new value this day received, the Borrower consents to the jurisdiction of any state court located in Xxxxxxx Johnson County, Kansas or any federal court located in Wyandotte County, Kansas (collectively, the "Chosen Forum"), and waives personal service of any and all process upon it and consents that all such service of process be made by certified or registered mail directed to the Borrower at the address stated in pursuant to Section 8.1 9.1 hereof and service so made shall be deemed to be completed upon delivery thereto. The Borrower waives any objection to jurisdiction and venue of any action instituted against it as provided herein and agrees not to assert any defense based on lack of jurisdiction or venue. The Borrower further agrees not to assert against the Bank Agent or the Banks (except by way of a defense or counterclaim in a proceeding initiated by the Agent or any Bank) any claim or other assertion of liability relating to any of the Credit Documents, the Borrower's ’s obligations under the Credit Documents or the Agent’s or any Bank's ’s actions or inactions in respect of any of the foregoing in any jurisdiction other than the Chosen Forum. Nothing in this Agreement shall affect the Agent’s or any Bank's ’s right to bring any action or proceeding relating to this Agreement or the other Credit Documents against the Borrower or its properties in courts of other jurisdictions.

Appears in 2 contracts

Samples: Credit Agreement (Tortoise Midstream Energy Fund, Inc.), Credit Agreement (Tortoise Energy Infrastructure Corp)

GOVERNING LAW; CONSENT TO FORUM. This Agreement shall be governed by the laws of the State of Kansas without giving effect to any choice of law rules thereof. As part of the consideration for new value this day received, the Borrower consents to the jurisdiction of any state court located in Xxxxxxx County, Kansas or any federal court located in Wyandotte County, Kansas (collectively, the "Chosen Forum"), and waives personal service of any and all process upon it and consents that all such service of process be made by certified or registered mail directed to the Borrower at the address stated in Section 8.1 hereof and service so made shall be deemed to be completed upon delivery thereto. The Borrower waives any objection to jurisdiction and venue of any action instituted against it as provided herein and agrees not to assert any defense based on lack of jurisdiction or venue. The Borrower further agrees not to assert against the Bank (except by way of a defense or counterclaim in a proceeding initiated by the Bank) any claim or other assertion of liability relating to any of the Credit Documents, the Borrower's obligations under Obligations, the Credit Documents Collateral or the Bank's actions or inactions in respect of any of the foregoing in any jurisdiction other than the Chosen Forum. Nothing in this Agreement shall affect the Bank's right to bring any action or proceeding relating to this Agreement or the other Credit Documents against the Borrower or its properties in courts of other jurisdictions.

Appears in 1 contract

Samples: Credit Agreement (Tortoise North American Energy Corp)

GOVERNING LAW; CONSENT TO FORUM. This Agreement shall be governed by the laws of the State of Kansas New Jersey without giving effect to any choice of law rules thereof. As part of the consideration for new value this day received, the Borrower Merchant consents to the jurisdiction of any state court located in Xxxxxxx within Bergen County, Kansas New Jersey or any federal court located in Wyandotte Bergen County, Kansas New Jersey (collectively, the "Chosen Forum"), and waives personal service of any and all process upon it and consents that all such service of process be made by certified or registered mail directed to the Borrower Merchant at its most recent address as reflected in the address stated in Section 8.1 hereof Lender’s records, and service so made shall be deemed to be completed upon delivery thereto. The Borrower Merchant waives any objection to jurisdiction and venue of any action instituted against it as provided herein and agrees not to assert any defense based on lack of jurisdiction or venue. The Borrower Merchant further agrees not to assert against the Bank Lender (except by way of a defense or counterclaim in a proceeding initiated by the BankLender) any claim or other assertion of liability relating to any of this Agreement, any of the Credit DocumentsRelated Agreements, the Borrower's obligations under the Credit Documents Collateral or the Bank's Lender’s actions or inactions in respect of any of the foregoing in any jurisdiction other than the Chosen Forum. Nothing in this Agreement shall affect the Bank's Lender’s right to bring any action or proceeding relating to this Agreement or the other Credit Documents Related Agreements against the Borrower Merchant or its properties in courts of other jurisdictions.

Appears in 1 contract

Samples: Credit Card Receivables Advance Agreement (WES Consulting, Inc.)

GOVERNING LAW; CONSENT TO FORUM. This Agreement shall be governed by the laws of the State of Kansas New York without giving effect to any choice of law rules thereof. As part of the consideration for new value this day received, the Borrower Merchant consents to the jurisdiction of any state court located in Xxxxxxx within New York County, Kansas New York or any federal court located in Wyandotte New York County, Kansas New York (collectively, the "Chosen Forum"), and waives personal service of any and all process upon it and consents that all such service of process be made by certified or registered mail directed to the Borrower Merchant at its most recent address as reflected in the address stated in Section 8.1 hereof Lender’s records, and service so made shall be deemed to be completed upon delivery thereto. The Borrower Merchant waives any objection to jurisdiction and venue of any action instituted against it as provided herein and agrees not to assert any defense based on lack of jurisdiction or venue. The Borrower Merchant further agrees not to assert against the Bank Lender (except by way of a defense or counterclaim in a proceeding initiated by the BankLender) any claim or other assertion of liability relating to any of this Agreement, any of the Credit DocumentsRelated Agreements, the Borrower's obligations under the Credit Documents Collateral or the Bank's Lender’s actions or inactions in respect of any of the foregoing in any jurisdiction other than the Chosen Forum. Nothing in this Agreement shall affect the Bank's Lender’s right to bring any action or proceeding relating to this Agreement or the other Credit Documents Related Agreements against the Borrower Merchant or its properties in courts of other jurisdictions.

Appears in 1 contract

Samples: Credit Card Receivables Advance Agreement (Roadhouse Grill Inc)

GOVERNING LAW; CONSENT TO FORUM. This Agreement shall be governed by the laws of the State of Kansas New Jersey without giving effect to any choice of law rules thereof. As part of the consideration for new value this day received, the Borrower consents to the jurisdiction of any state court located in Xxxxxxx within Bergen County, Kansas New Jersey or any federal court located in Wyandotte Bergen County, Kansas New Jersey (collectively, the "Chosen Forum"), and waives personal service of any and all process upon it and consents that all such service of process be made by certified or registered mail directed to the Borrower at its most recent address as reflected in the address stated in Section 8.1 hereof Lender’s records, and service so made shall be deemed to be completed upon delivery thereto. The Borrower waives any objection to jurisdiction and venue of any action instituted against it as provided herein and agrees not to assert any defense based on lack of jurisdiction or venue. The Borrower further agrees not to assert against the Bank Lender (except by way of a defense or counterclaim in a proceeding initiated by the BankLender) any claim or other assertion of liability relating to any of this Agreement, any of the Credit DocumentsRelated Agreements, the Borrower's obligations under the Credit Documents Collateral or the Bank's Lender’s actions or inactions in respect of any of the foregoing in any jurisdiction other than the Chosen Forum. Nothing in this Agreement shall affect the Bank's Lender’s right to bring any action or proceeding relating to this Agreement or the other Credit Documents Related Agreements against the Borrower or its properties in courts of other jurisdictions.

Appears in 1 contract

Samples: Accounts Receivable Advance Agreement (XpresSpa Group, Inc.)

GOVERNING LAW; CONSENT TO FORUM. This Agreement shall be governed by the laws of the State of Kansas without giving effect to any choice of law rules thereof. As part of the consideration for new value this day received, the Borrower consents to the jurisdiction of any state court located in Xxxxxxx County, Kansas or any federal court located in Wyandotte County, Kansas (collectively, the "Chosen Forum"), and waives personal service of any and all process upon it and consents that all such service of process be made by certified or registered mail directed to the Borrower at the address stated in pursuant to Section 8.1 9.1 hereof and service so made shall be deemed to be completed upon delivery thereto. The Borrower waives any objection to jurisdiction and venue of any action instituted against it as provided herein and agrees not to assert any defense based on lack of jurisdiction or venue. The Borrower further agrees not to assert against the Bank Agent or the Banks (except by way of a defense or counterclaim in a proceeding initiated by the Agent or any Bank) any claim or other assertion of liability relating to any of the Credit Documents, the Borrower's obligations under the Credit Documents Obligations or the Bank's ’s actions or inactions in respect of any of the foregoing in any jurisdiction other than the Chosen Forum. Nothing in this Agreement shall affect the Agent’s or any Bank's ’s right to bring any action or proceeding relating to this Agreement or the other Credit Documents against the Borrower or its properties in courts of other jurisdictions.

Appears in 1 contract

Samples: Credit Agreement (Tortoise Gas & Oil Corp)

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GOVERNING LAW; CONSENT TO FORUM. This Agreement shall be governed by the laws of the State of Kansas without giving effect to any choice of law rules thereof. As part of the consideration for new value this day received, the Borrower consents to the jurisdiction of any state court located in Xxxxxxx Jxxxxxx County, Kansas or any federal court located in Wyandotte County, Kansas (collectively, the "Chosen Forum"), and waives personal service Service of any and all process upon it and consents that all such service of process be made by certified or registered mail directed to the Borrower at the address stated in Section 8.1 hereof and service so made shall be deemed to be completed upon delivery thereto. The Borrower waives any objection to jurisdiction and venue of any action instituted against it as provided herein and agrees not to assert any defense based on lack of jurisdiction or venue. The Borrower further agrees not to assert against the Bank (except by way of a defense or counterclaim in a proceeding initiated by the Bank) any claim or other assertion of liability relating to any of the Credit Documents, the Borrower's ’s obligations under the Credit Documents or the Bank's ’s actions or inactions in respect of any of the foregoing in any jurisdiction other than the Chosen Forum. Nothing in this Agreement shall affect the Bank's ’s right to bring any action or proceeding relating to this Agreement or the other Credit Documents against the Borrower or its properties in courts of other jurisdictions.

Appears in 1 contract

Samples: Credit Agreement (Tortoise Energy Infrastructure Corp)

GOVERNING LAW; CONSENT TO FORUM. This Agreement shall be governed by the laws of the State of Kansas without giving effect to any choice of law rules thereof. As part of the consideration for new value this day received, the Borrower consents to the jurisdiction of any state court located in Xxxxxxx Johnson County, Kansas or any federal court located in Wyandotte CountyCountx, Kansas Xxxxas (collectively, the "Chosen Forum"), and waives personal service of any and all process upon it and consents that all such service of process be made by certified or registered mail directed to the Borrower at the address stated in Section 8.1 hereof and service so made shall be deemed to be completed upon delivery thereto. The Borrower waives any objection to jurisdiction and venue of any action instituted against it as provided herein and agrees not to assert any defense based on lack of jurisdiction or venue. The Borrower further agrees not to assert against the Bank (except by way of a defense or counterclaim in a proceeding initiated by the Bank) any claim or other assertion of liability relating to any of the Credit Documents, the Borrower's obligations under Obligations, the Credit Documents Collateral or the Bank's actions or inactions in respect of any of the foregoing in any jurisdiction other than the Chosen Forum. Nothing in this Agreement shall affect the Bank's right to bring any action or proceeding relating to this Agreement or the other Credit Documents against the Borrower or its properties in courts of other jurisdictions.

Appears in 1 contract

Samples: Credit Agreement (Tortoise Energy Capital Corp)

GOVERNING LAW; CONSENT TO FORUM. This Agreement shall be governed by the laws of the State of Kansas Missouri without giving effect to any choice of law rules thereof. As part of the consideration for new value this day received, the Borrower consents to the jurisdiction of any federal court located in the City of St. Louis, Missouri or any state court located in Xxxxxxx St. Louis County, Kansas or any federal court located in Wyandotte County, Kansas Missouri (collectively, the "Chosen Forum"), and waives personal service of any and all process upon it and consents that all such service of process be made by certified or registered mail directed to the Borrower at the its address stated in Section 8.1 hereof and service so made shall be deemed to be completed upon delivery thereto. The Borrower waives any objection to jurisdiction and venue of any action instituted against it as provided herein and agrees not to assert any defense based on lack of jurisdiction or venue. The Borrower further agrees not to assert against the Bank (except by way of a defense or counterclaim in a proceeding initiated by the Bank) any claim or other assertion of liability relating to any of the Credit Documents, the Borrower's obligations under Obligations, the Credit Documents Collateral or the Bank's ’s actions or inactions in respect of any of the foregoing in any jurisdiction other than the Chosen Forum. Nothing in this Agreement shall affect the Bank's ’s right to bring any action or proceeding relating to this Agreement or the other Credit Documents against the Borrower or its properties in courts of other jurisdictions.

Appears in 1 contract

Samples: Credit Agreement (Inergy Holdings, L.P.)

GOVERNING LAW; CONSENT TO FORUM. This Agreement shall be governed by the laws of the State of Kansas without giving effect to any choice of law rules thereof. As part of the consideration for new value this day received, the Borrower consents to the jurisdiction of any state court located in Xxxxxxx Jxxxxxx County, Kansas or any federal court located in Wyandotte County, Kansas (collectively, the "Chosen Forum"), and waives personal service of any and all process upon it and consents that all such service of process be made by certified or registered mail directed to the Borrower at the address stated in Section 8.1 hereof and service so made shall be deemed to be completed upon delivery thereto. The Borrower waives any objection to jurisdiction and venue of any action instituted against it as provided herein and agrees not to assert any defense based on lack of jurisdiction or venue. The Borrower further agrees not to assert against the Bank (except by way of a defense or counterclaim in a proceeding initiated by the Bank) any claim or other assertion of liability relating to any of the Credit Documents, the Borrower's obligations under Obligations, the Credit Documents Collateral or the Bank's ’s actions or inactions in respect of any of the foregoing in any jurisdiction other than the Chosen Forum. Nothing in this Agreement shall affect the Bank's ’s right to bring any action or proceeding relating to this Agreement or the other Credit Documents against the Borrower or its properties in courts of other jurisdictions.

Appears in 1 contract

Samples: Credit Agreement (Tortoise Capital Resources Corp)

GOVERNING LAW; CONSENT TO FORUM. This Agreement shall be governed by the laws of the State of Kansas without giving effect to any choice of law rules thereof. As part of the consideration for new value this day received, the Borrower consents to the jurisdiction of any state court located in Xxxxxxx County, Kansas or any federal court located in Wyandotte County, Kansas (collectively, the "Chosen Forum"), and waives personal service of any and all process upon it and consents that all such service of process be made by certified or registered mail directed to the Borrower at the address stated in pursuant to Section 8.1 9.1 hereof and service so made shall be deemed to be completed upon delivery thereto. The Borrower waives any objection to jurisdiction and venue of any action instituted against it as provided herein and agrees not to assert any defense based on lack of jurisdiction or venue. The Borrower further agrees not to assert against the Bank Agent or the Banks (except by way of a defense or counterclaim in a proceeding initiated by the Agent or any Bank) any claim or other assertion of liability relating to any of the Credit Documents, the Borrower's obligations under the Credit Documents Obligations or the Bank's actions or inactions in respect of any of the foregoing in any jurisdiction other than the Chosen Forum. Nothing in this Agreement shall affect the Agent's or any Bank's right to bring any action or proceeding relating to this Agreement or the other Credit Documents against the Borrower or its properties in courts of other jurisdictions.

Appears in 1 contract

Samples: Credit Agreement (Tortoise Capital Resources Corp)

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